People v. Holowko

464 N.E.2d 813, 124 Ill. App. 3d 426, 79 Ill. Dec. 909, 1984 Ill. App. LEXIS 1851
CourtAppellate Court of Illinois
DecidedMay 25, 1984
DocketNo. 83—826
StatusPublished
Cited by3 cases

This text of 464 N.E.2d 813 (People v. Holowko) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Holowko, 464 N.E.2d 813, 124 Ill. App. 3d 426, 79 Ill. Dec. 909, 1984 Ill. App. LEXIS 1851 (Ill. Ct. App. 1984).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

The State has taken this interlocutory appeal pursuant to Supreme Court Rule 604(a) (87 Ill. 2d R. 604(a)) from the trial court’s order granting defendant’s motion in limine to exclude from evidence certain telephone records which the State sought to introduce at trial.

Defendant was charged by misdemeanor complaint on January 3, 1983, for the offense of harassment by telephone (Ill. Rev. Stat. 1981, ch. 134, par. 16.4 — 1(1)). The complaint alleged that defendant did make a phone call with conversation, at which time he made a comment which was obscene with intent to offend the complainant.

Prior to trial, defendant filed a motion in limine, alleging that he was charged with the offense of harassment by telephone; that as part of their investigation of said offense, the Palos Park police and Illinois Bell Telephone Company placed a trap on complainant’s telephone; and that as a result of that investigation, certain records were made by the Illinois Bell Telephone Company pertaining to the trap which defendant believed the State would seek to introduce into evidence against him. Further, it alleged that such records were inadmissible because said records were made as part of anticipated litigation and in the course of an investigation. Ill. Rev. Stat. 1981, ch. 38, par. 115 — 5(c)(2).

On March 31, 1983, the motion in limine was heard. Defendant argued that telephone records which the State sought to introduce were inadmissible because they were kept pursuant to an investigation or a contemplated investigation. He further called upon the court to follow a prior evidentiary ruling involving this same defendant and offense, in which the same motion in limine was sustained.

In response, the State argued that the police department and phone company must make some type of inquiry as to where the offense telephone calls originate from when a complaint is made; that there was no investigation pending at the time the phone company put a trap on complainant’s phone line; and that the trial court’s granting of defendant’s motion would render section 16.4 — 1, requiring telephone companies to cooperate with police investigations, useless.

Relying on testimony from the prior evidentiary hearing concerning this same defendant which established that the telephone company installed the “trap” at the request of police, the trial court “saw no alternative but to grant” defendant’s motion. Further, the court granted the State’s motion to strike with leave to reinstate their action.

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Related

People v. Wiesneske
599 N.E.2d 1266 (Appellate Court of Illinois, 1992)
People v. Hatfield
514 N.E.2d 572 (Appellate Court of Illinois, 1987)
People v. Holowko
486 N.E.2d 877 (Illinois Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
464 N.E.2d 813, 124 Ill. App. 3d 426, 79 Ill. Dec. 909, 1984 Ill. App. LEXIS 1851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holowko-illappct-1984.