The state Supreme Court has agreed to hear arguments over whether a state trooper violated the state Wiretapping and Electronic Surveillance Control Act when he listened in while an informant set up a drug deal with the defendant on speakerphone.

In Commonwealth v. Spence, a three-judge Superior Court panel unanimously affirmed a Delaware County trial judge’s ruling suppressing evidence obtained when the trooper eavesdropped on the informant’s phone call to the defendant.