People v. Gariano

I respectfully dissent because I do not believe that the Illinois eavesdropping statute authorizes police officers to use eavesdropping devices to intercept electronic communications without a court order. See 720 ILCS 5/14 — 1 et seq. (West 2000). The majority does not reach this issue in its opinion. Instead, the majority explains the reasons for its decision as follows:

“The General Assembly chose its terms and definitions. Here, an electronic communication is defined as a communication ‘where the sending and receiving parties intend the electronic communication to be private.’ (Emphasis…