Stephen Wachholtz, 2012 IL App (4th) 110486
Suppression of Evidence
Following a traffic stop, defendant was arrested and charged with unlawful possession of a controlled substance and driving with a revoked license. In violation of 720 ILCS 5/14-3(h-15), the state police recycled the video and audio recording of the stop prior to the completion of the criminal proceedings. Defendant moved to suppress all evidence of events captured by the destroyed recording, which the trial court denied. The appellate court affirmed, finding defendant was not prejudiced because the absence of the recording did not significantly hinder defendant's ability to present a defense.