Legal Opinion · Dissent

Commonwealth v. Schaeffer

Supreme Court of Pennsylvania

Decided December 29, 1987No. 228Published

1DissentRowley, Judge

I respectfully dissent. Unlike the majority, I am of the opinion that the General Assembly clearly and unambiguously intended, and provided in 18 Pa.C.S. § 5704(2)(ii), for the warrantless interception and recording of oral communications between a consenting informant and a third person engaged in suspected criminal activities. The words of a statute must be given their plain meaning. Com. v. Stanley, 498 Pa. 326, 446 A.2d 583 (1982). “When a statute is not ambiguous and the wording clear, then the letter of [the] statute may not be circumvented on the pretext of pursuing its spirit.”…

2Cases cited5 opinions

  1. Commonwealth v. StanleySupreme Court of Pennsylvania · 1982
  2. Chesler v. Government Employees InsuranceSupreme Court of Pennsylvania · 1982
  3. Chesler v. Government Employees InsuranceSupreme Court of Pennsylvania · 1983
  4. Commonwealth v. HarveySupreme Court of Pennsylvania · 1985
  5. Chesler v. Government Employees InsuranceSupreme Court of Pennsylvania · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API