People v. Armbrust

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0955 Official Reports

Case Date: 08/23/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Armbrust, 2011 IL App (2d) 100955

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN C. ARMBRUST, Defendant-Appellee.

District & No.

Second District Docket No. 2-10-0955 August 23, 2011 In a prosecution for harassment by telephone, the trial court erred in granting defendant's motion to exclude evidence of the content of the phone call defendant made to his estranged wife on the ground that the eavesdropping statute was violated when the speakerphone feature of the wife's cellular telephone was used to allow a friend to hear the conversation, since the use of the speakerphone feature did not transform the cellular telephone into an eavesdropping device.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Kane County, No. 09-CF-873; the Hon. T. Jordan Gallagher, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Joseph H. McMahon, State's Attorney, of St. Charles (Robert J. Biderman and Anastacia R. Brooks, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People. Larry Wechter, of Law Office of Larry Wechter, of Geneva, for appellee.

Panel

JUSTICE BOWMAN delivered the judgment of the court, with opinion. Justices Hutchinson and Zenoff concurred in the judgment and opinion.

OPINION

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