People v. Harper, 969 N.E.2d 573

In September 2011, the trial court suppressed a video recording and transcript of Harper’s custodial interrogation under 725 ILCS 5/103-2.1.
Harper was in custody for over three hours; the audio portion of about 30 minutes was inaudible.
The court found no deliberate alteration but attributed the issue to recording equipment failure and suppressed the DVD and transcript.
The court reserved ruling on whether police could testify regarding Harper’s statements.
The State appealed the suppression order in an interlocutory appeal and sought review of the 103-2.1 ruling.
The appellate court reversed and remanded for further proceedings, declining to affirm suppression on the basis of 103-2.1 without remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate court has jurisdiction to hear this interlocutory appeal.	State argues Rule 271 prematurity bars appeal.	Harper arguesprematurity prevents review.	Jurisdiction exists; ruling distinguished from Maynard.
Whether the trial court correctly applied 103-2.1 to suppress the DVD and transcript.	State contends statements were admissible if recording was sufficiently reliable.	Harper contends the recording was substantially inaccurate due to inaudible portions.	Trial court erred; suppression reversed and remanded for further proceedings.
Whether lack of audio in portions of the recording means the recording was not substantially accurate under 103-2.1(b)(2).	Recording’s inaudible portions do not automatically bar admissibility.	Inaudible segments render the recording untrustworthy overall.	Court should focus on substantial accuracy; not intentional alteration; remand to resolve reliability.
On remand, whether the State can still offer Harper’s statements if the recording is not substantially accurate but the statements are voluntary and reliable under 103-2.1(f).	If the recording is unreliable, exceptions under (e) or (f) may still permit admission.	Admissions cannot be admitted if the custodial interrogation violated 103-2.1.	Remand to determine voluntariness and reliability under totality of circumstances; no final ruling on admissibility.

People v. Hunt, 234 Ill. 2d 49 (2009) (partial inaudibility affects admissibility under Hunt framework)
People v. Manning, 182 Ill. 2d 193 (1998) (partial recording and discretion in suppression decisions)
People v. Johnson, 208 Ill. 2d 118 (2003) (interlocutory appeal strength under Rule 271)
LaSalle Bank Nat'l Ass'n v. Cypress Creek 1, LP, 242 Ill. 2d 231 (2011) (plain-language statutory interpretation guiding intent)