Commonwealth v. Smith

OPINION BY

OTT, J.:

The Commonwealth appeals from the order entered June 30, 2015, in the York County Court of Common Pleas, granting Talbot S. Smith’s pre-trial motion for habe-as corpus relief, and dismissing the sole charge filed against him. Smith was charged with interception of oral communications 1 after he surreptitiously recorded a conversation with his former boss using a “voice memo” application (“app”) on his smartphone. 2 On appeal, the Commonwealth contends the trial court erred in concluding that Smith’s use of the app on his smartphone did not constitute use of a “device” to…