Commonwealth v. Diego

OPINION BY

BENDER, P.J.E.:

The Commonwealth appeals from the trial court’s order granting Curtis Doval Diego’s (Appellee) suppression motion based on purported violations of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5701 et seq. (“Wiretap Act” or the “Act”). The Commonwealth contends that an iPad is not a “device” as that term is defined under the Wiretap Act, and that Appellee’s text’ messages were not “intercepted” within the meaning of the Act. The Commonwealth also argues that Appellee lacks a reasonable expectation of privacy in his text message communicátions.…