Stevens

People v. Stevens

Good Law
1995 Cal. App. LEXIS 376·34 Cal. App. 4th 56·40 Cal. Rptr. 2d 92·95 Daily Journal DAR 5063·95 Cal. Daily Op. Serv. 2965
Court of Appeal of CaliforniaApril 19, 1995H012456California2,783 words

Opinion

Opinion

Premo, J.

Defendant Charles Roland Stevens was charged by information with four counts of intercepting cordless telephone communications. (Pen. Code, § 632.6, subd. (a).) He pleaded nolo contendere to two of the counts. He appeals the judgment of conviction, contending that section 632.6 is invalid because the area is preempted by federal law.

We affirm.

Facts

After defendant’s van was stopped by Officer Duscio, defendant consented to a search of the vehicle. Duscio found inside the vehicle electronic equipment, 24 audiocassettes with names of women handwritten on them, a scanner, and a tape recorder.

Asked about the audiotapes, defendant told Duscio that his hobby was “to listen to people.” Subsequent police investigation revealed that the tapes were recordings of conversations made by the women on cordless telephones. The identities of some of the other parties to the conversations were later determined.

The scanner in defendant’s vehicle allowed defendant to listen in on the radio frequencies of the cordless telephones.

Discussion

We reject, for lack of merit, defendant’s contention that the activity proscribed by section 632.6, subdivision (a) (intercepting cordless…

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