McClelland v. McGrath

31 F. Supp. 2d 616 (1998)

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McClelland v. McGrath

United States District Court for the Northern District of Illinois
31 F. Supp. 2d 616 (1998)

AR

Facts

During a kidnapping investigation, police officers asked a local telephone service provider to trace ransom calls made from a cloned cell phone. A cloned cell phone is a phone that is rigged to imitate a legitimate phone. The officers asked the provider to relay any information that it intercepted that might help them find the kidnapper. No judge approved this action. The provider agreed to help the officers and intercepted a call that showed that the caller was Michael McClelland (plaintiff). After securing the victim’s release, the officers arrested McClelland. McClelland’s prosecution was terminated for unknown reasons, and McClelland sued the City of Chicago and several of its police officers for violating the Wiretap Act.

Rule of Law

Issue

Holding and Reasoning (Aspen, C.J.)

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