Holding that telephones are expressly exempt from the devices prohibited by the Pennsylvania Wiretapping and Electronic Surveillance Control Act regardless of how they’re used, the state Supreme Court has ruled that a state trooper did not violate the act when he instructed an informant to set up a drug deal with the defendant on speakerphone and then eavesdropped on the conversation.
In Commonwealth v. Spence, the court unanimously reversed a state Superior Court decision that had affirmed a Delaware County trial judge’s ruling suppressing evidence obtained when the trooper listened in on the phone call.
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