Chicago Police DepartmentSpecial Order S04-03-06
Eavesdropping Devices
Issue Date:22 February 2012Effective Date:22 February 2012
Rescinds:Version dated 12 December 1990; S90-08
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.contains pertinent provisions of the law as revised by Public Act 85-1203, effective 1 January 1989, restricting the use of eavesdropping devices in those situations not otherwise exempted by law.
  • B.states an exemption which would authorize the use of an eavesdropping device in specific instances without judicial approval.
  • C.provides procedures for obtaining required judicial approval for the use of eavesdropping devices, when appropriate.
  • D.establishes an additional requirement for responsible unit commanding officers concerning electronic criminal surveillances carried out in connection with Article 108B of the "Code of Criminal Procedure of 1963."
  • E.establishes an additional reporting requirement for certain command level members responsible for the conduct of members participating in an authorized eavesdropping operation.
II.General Information
No member of the Department will use or authorize the use of an eavesdropping device in an emergency situation unless:
  • A.the emergency falls within one of the exemptions listed in Item III-D of this directive, or
  • B.The situation is agreed to as being emergency in nature by the States Attorney of Cook County as designated in Item III-D of this directive.
III.Law
  • A."Searches, Seizures, Privacy and Interceptions" (Constitution of the State of Illinois, Article I, Section 6)
  • B."Definition" (720 ILCS 5/14-1I)
    • a.Eavesdropping device
    • b.Eavesdropper
  • C."Elements of the Offense" (720 ILCS 5/14-2)
  • D.Emergency use of eavesdropping device [725 ILCS 5/108B-8-(a) (3)]
  • E.ARTICLE 108A. JUDICIAL SUPERVISION OF THE USE OF EAVESDROPPING DEVICES (ONE PARTY CONSENTING)
    "Authorization for use of eavesdropping device" (725 ILCS 5/108A-1)
  • F.ARTICLE 108B. ELECTRONIC CRIMINAL SURVEILLANCE (NO PARTIES CONSENTING)
IV.Procedures
  • A.Eavesdropping devices may be utilized in accordance with Item III-D of this directive in those instances when:
    • 1.a Hostage/Barricaded/Terrorist Plan or Special Weapons and Tactics Team (SWAT) Incident has been implemented, and
    • 2.the appropriate Area Deputy Chief, Bureau of Patrol has been notified of the circumstances of the H/B/T or SWAT incident and of the telephonic judicial application.
  • B.Eavesdropping devices may be utilized in accordance with Item III-E of this directive when:
    • 1.a felony under Illinois law has occurred and one party to a conversation to be monitored or previously monitored in the case of an emergency has consented to such monitoring and judicial approval has been obtained from a Judge of the Circuit Court.
    • 2.requests to the Office of the States Attorney for authorization to use eavesdropping devices have been made by unit commanding officers of the rank of lieutenant or above.
  • C.Eavesdropping devices may be utilized in accordance with Item III-F of this directive when:
    • 1.a person has committed, is committing or is about to commit a violation of IRS Chapter 56 , Sections 1401.I, 1405 or 1407 of the Illinois Controlled Substances Act and judicial approval has been obtained from the Chief Judge of the Circuit Court.
    • 2.requests to the Office of the States Attorney for authorization to use eavesdropping devices have been made by the Chief, Bureau of Organized Crime.
      NOTE:
      Prior to applying for a court order authorizing interception of oral communications in accordance with the provisions of Article 108B-2 of the Code of Criminal Procedure of 1963, a responsible unit commanding officer of the rank of lieutenant or above will contact the office of the Chief, Bureau Organized Crime and obtain verbal authorization from the Chief (or his designee) to request that the States Attorney apply for an authorizing court order.
  • D.Requests for the authorization to use eavesdropping devices under the provisions of Items IV-B and C of this directive will be made:
    • 1.to the Office of the States Attorney 36 hours prior to their anticipated use, whenever possible.
    • 2.to the  Office of the States Attorney, Deputy Chief, Special Prosecutions Bureau .
  • E.A Department member obtaining a court order authorizing the use of eavesdropping device will:
    • 1.request that the judge affix his signature to the original and a copy of court order. The original court order will be retained by the Office of the States Attorney.
    • 2.prior to beginning his participation in the eavesdropping operation, immediately inform his unit commanding officer (of the rank of lieutenant and above) and provide him with the signed copy of the court order. This signed copy will become the Department's original copy.
  • F.The responsible unit commanding officer will promptly:
    • 1.make two copies of the signed copy of the court order.
    • 2.prepare a To-From-Subject report in triplicate, listing the authorizing court order number, and whenever applicable, containing any request for special equipment and/or technical assistance from the Bureau of Organized Crime. THIS REPORT WILL NOT CONTAIN ANY REFERENCE TO A CASE IDENTIFICATION NUMBER (e.g., RD, CR, etc.). The copies of the court order and the To-From-Subject report will be processed as follows:
      • a.The Department's original copy of the court order and the original To-From-Subject report will be personally delivered to the Chief, Bureau of Organized Crime in order that:
        • (1)an abstract may be promptly forwarded to the Superintendent of Police.
        • (2)special equipment and/or technical assistance may be authorized, if necessary, from the Bureau of Organized Crime Technical Services Unit.
      • b.One photocopy of the court order will be attached to the second copy of the To-From-Subject report and this report will be subject to normal command channel review within the responsible member's bureau (or other command structure).
      • c.The second photocopy of the court order will be attached to the third copy of the To-From-Subject report and be maintained in the responsible member's unit investigative file.
    NOTE:
    The special reporting requirement will not apply to those members assigned to Federal government task forces, working order Federal laws or guidelines or using an authorized eavesdropping device in connection with an implemented Hostage/Barricaded/Terrorist Plan or SWAT Incident.
V.Responsibilities
  • A.Any member participating in an authorizing eavesdropping operation pursuant to this directive will submit such reports as are required by law, judicial order or the States Attorney.
  • B.Command personnel will acquaint themselves with the provisions of the law concerning eavesdropping and judicial approval for the use of eavesdropping devices and ensure compliance with the law and the procedures set forth in this directive.
  • C.The Chief, Bureau of the Organized Crime will coordinate the use and maintenance of all Department eavesdropping devices.
(Items indicated by italics/double underline were revised or added.)
Authenticated by: RMJ
Garry F. McCarthy
Superintendent of Police
89-118 / 12-003 MC(MER)/JB
PHONE BOOK:
1.
Cook County State's Attorney - Special Prosecutions Bureau
773-674-2715 week-days between 0900 and 1700 hours
773-674-3020 at all other times
GLOSSARY TERMS:
1. -
Any device capable of being used to hear or record oral conversation whether such conversation is conducted in person, by telephone, or by any other means; provided, however, that this definition shall not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
2. -
Any person, including law enforcement officers, who operates or participates in the operation of any eavesdropping device contrary to the provisions of this Article.