725 ILCS 5/108B-12
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title II - Apprehension And Investigation

 (from Ch. 38, par. 108B-12)Sec. 108B-12.     Approval, notice, suppression.(a) If an electronic  criminal surveillance officer, while intercepting a private  communication  in accordance with the provision of this Article, intercepts a private  communication that relates to an offense other than an  offense enumerated  in Section 108B-3 of the Act, or relates to an offense enumerated in Section  108B-3 but not specified in the order of authorization,  the State's Attorney,  or a person designated in writing or by law to act for him, may, in order  to permit the disclosure or use of the information under Section 108B-2a of  this Act, make a motion for an order  approving the interception.  The chief judge of a court of competent  jurisdiction  shall enter an order approving the interception if he finds that at the  time of the application, there existed probable cause to believe that a  person whose private communication was  intercepted  was committing or  had committed an offense and the content of the communication relates to  that offense, and that the communication  was otherwise intercepted in accordance with the provisions of this Article.(b) An intercepted private communication, or  evidence derived from  it, may not be received in evidence or otherwise disclosed in an official  proceeding unless each aggrieved person who is a party in the official  proceeding,  including any proceeding before a legislative, judicial, administrative  or other governmental agency or official authorized to hear evidence under  oath or other person taking testimony or depositions in any such proceeding,  other than a grand jury, has, not less than 10 days  before the official proceeding, been furnished with a copy of the court  order, and the accompanying application, under which the interception was  authorized or approved.  The 10 day period may be waived by the presiding  official if he finds that it was not practicable to furnish the person with  the information 10 days before the proceeding, and that the person will  not be or has not been prejudiced by delay in receiving the information.(c) An aggrieved person in an official proceeding may make a motion under  this Section to suppress the contents of an intercepted private  communication,  or evidence derived from it, on the grounds that:(1) the communication was unlawfully intercepted;(2) the order of authorization or approval under     which it was intercepted is insufficient on its face; or(3) the interception was not made in conformity with     the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.(d) If a motion under this Section duly alleges that the evidence sought  to be suppressed in an official proceeding, including a grand jury, has  been derived from an unlawfully intercepted private  communication,  and if the aggrieved person who is a party has not been served with notice  of the interception  under this Section, the opponent of the allegation shall, after conducting  a thorough search of its files, affirm or deny the occurrence of the alleged  unlawful interception, but no motion shall be considered if the alleged  unlawful interception took place more than 5 years before the event to  which the evidence relates.(e) Where a motion is duly made under this Section prior to the appearance  of a witness before a grand jury, the opponent of the motion may make such  applications and orders as it has available to the chief judge of a court of  competent  jurisdiction in camera, and if the judge determines that there is no defect  in them sufficient on its face to render them invalid, the judge shall inform  the witness that he has not been the subject of an unlawful interception.  If the judge determines that there is a defect in them sufficient on its  face to render them invalid, he shall enter an order prohibiting any question  being put to the witness based on the unlawful interception.(f) Motions under this Section shall be made prior to the official  proceeding  unless there was no opportunity to make the motion or unless the aggrieved  person who is a party was not aware of the grounds for the motion.  Motions  by co-indictees  shall, on motion of the People, be heard in a single consolidated hearing.(g) A chief judge of a court of competent jurisdiction, upon the filing of a  motion by an aggrieved person who is a party under this Section, except before  a grand  jury, may make available for inspection by the aggrieved person or his attorney  such portions of the intercepted private communications, applications and  orders  or the evidence derived from them as the judge determines to be in the interest  of justice.(h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in  evidence in an official proceeding, including a grand jury.(i) In addition to any other right of appeal, the People shall have the  right to appeal from an order granting a motion to suppress if the official  to whom the order authorizing the interception was granted certifies to  the court that the appeal is not taken for purposes of delay.  The appeal  shall otherwise be taken in accordance with the law.    (Source: P.A. 92-854, eff. 12-5-02.)