State v. Maloney

John Maloney appeals from two judgments convicting him of delivering a controlled substance, sec. 161.41, Stats., 1987. The trial court denied his motion to suppress the contents of his telephone conversation with a police informant. He then pleaded guilty. The informant, acting in a law enforcement capacity, had recorded the conversation without obtaining authorization under the Electronic Surveillance Control Law, secs. 968.27 through 968.37, Stats, ("surveillance law"). The issue is whether the informant could testify to his recollection of the conversation without using the recording. We…