Commonwealth v. Doty

WIEAND, Judge:

Donna Doty and Gary Kirkwood were tried nonjury and were convicted of criminal conspiracy and possession with intent to deliver hashish and marijuana. At trial, the Commonwealth relied upon incriminating evidence acquired by placing a tap on the telephone serving the residence of Gary and Linda Kirkwood. On direct appeal, the principal argument made by Doty and Kirkwood is that the Pennsylvania Wiretapping and Electronic Surveillance Control Act of October 4, 1978, P.L. 831, No. 164, 1 is unconstitutional or, if valid, that it was improperly applied in this case. We disagree.…