Commonwealth v. Henlen

ROWLEY, Judge:

This is an appeal by the Commonwealth from an order granting appellee, Thomas Henlen’s, petition for a Writ of Habeas Corpus and dismissing the charges against him for a violation of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5703. We reverse.

The facts have been stipulated to be as follows:

1. Sometime prior to June 19, 1986, a theft of an inmate’s personal property occurred at the Mercer County Jail and Trooper James D. Dibler of the Pennsylvania State Police was ordered to investigate the same on March 26, 1986.

*32. On or about June 19, 1986, Trooper…