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People v. Ceja7/30/2004
The defendant, Colleen Ceja, was charged with aggravated driving under the influence of alcohol (625 ILCS 5/11-501(a)(1) (West 2002)). During the bench trial, the circuit court suppressed a videotape that contained only the audio portion of the defendant performing field *300 sobriety tests. On appeal, the State argues that the circuit court erred when it suppressed the videotape in question. We affirm.
On February 21, 2002, Joliet police officer James Schnura initiated a traffic stop of the defendant after observing the defendant's car weave into a lane of oncoming traffic. During the stop, Schnura observed signs of intoxication in the defendant. Schnura then called Officer Francis Ferro to the scene to videotape the defendant's performance of field sobriety tests.
Ferro testified that he operated the camera from his squad car and that the video screen inside his squad car led him to believe that the recorder was functioning properly. However, once the officers returned to the police station, they discovered that dirty VCR heads resulted in the failure of the video portion to record. Hence, the officers were left with only the audio portion of the defendant performing field sobriety tests.
At trial, the State attempted to introduce the videotape into evidence, to which the defendant made an oral motion to suppress the evidence. The defendant argued that the admission of the videotape without the video portion of the recording violated section 14-5 of the Criminal Code of 1961 (720 ILCS 5/14-5 (West 2002)), which generally renders audio recordings of conversations inadmissible at trial. Specifically, the defendant contended that the videotape, absent the video portion of the defendant's performance, did not fall within the **173 ***523 statutory exemption for audio recordings "made simultaneously with a video recording." 720 ILCS 5/14- 3(h) (West 2002). The circuit court agreed with the defendant and suppressed the videotape, and this appeal followed.
On appeal, the State argues that the videotape qualifies for the section 14- 3(h) exemption (720 ILCS 5/14-3(h) (West 2002)), even though the videotape contains only an audio recording of the traffic stop.
This case presents an issue of statutory construction. When construing a statute, we are to determine and give effect to the legislature's intent. People v. Robinson, 172 Ill.2d 452, 217 Ill.Dec. 729, 667 N.E.2d 1305 (1996). In doing so, we look to the plain language of the statute; if the statute's plain meaning is clear and unambiguous, we are to apply the statute without using further tools of statutory construction. Robinson, 172 Ill.2d 452, 217 Ill.Dec. 729, 667 N.E.2d 1305. Because statutory construction is a question of law, we review the circuit court's order de novo. Robinson, 172 Ill.2d 452, 217 Ill.Dec. 729, 667 N.E.2d 1305.
Illinois law prohibits the use of eavesdropping devices to record conversations unless all parties to the conversation consent to the recording. 720 ILCS 5/14-2 (West 2002). While evidence obtained via *301 prohibited recordings is inadmissible at trial (720 ILCS 5/14-5 (West 2002)), there are several exemptions to this prohibition. Section 14- 3(h) provides an exemption for "[r]ecordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code." 720 ILCS 5/14-3(h) (West 2002).
The State contends that the police simultaneously recorded audio and video of the defendant performing field sobriety tests, and that the failure of the police equipment to record the video of the defendant does not remove the videotape from the section 14-3(h) exemption. We disagree. The plain language of se
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