People v. Armbrust

Defendant was charged with telephone harassment for calling his estranged wife and threatening to kill her. Court improperly excluded evidence of content of alleged harassing phone call on basis that it was obtained in violation of eavesdropping statute. Defendant alleged that wife had placed phone call on her cell phone's speakerphone so that her friend could hear. Use of speakerphone feature on cell phone does not transform phone into eavesdropping device under eavesdropping statute, as it did not functionally alter phone's ability to transmit and receive sounds, and speakerphone is not a separate device. (HUTCHINSON and ZENOFF, concurring.)