People v. Burk

This case presents question as to whether, in instant prosecution on charge of unlawful possession of controlled substance, trial court properly admitted statements of defendant and others that were recorded by device in police squad car while defendant and others were in squad car, where defendant claimed that said recorded statements violated Eavesdropping Act, since recorded conversation took place while officer was not in squad car. Appellate Court, in affirming trial court, found that exemption under section 14-3(h)(5) of said Act applied so as to permit admissibility of recorded statement, because recording took place while officer was in vicinity of squad car.