Commonwealth v. Clark

OPINION

NIX, Chief Justice.

The Commonwealth of Pennsylvania appeals, by allowance, the affirmance by the Superior Court of a pre-trial order entered by the Court of Common Pleas suppressing certain evidence obtained from a wiretap of intercepted telephone conversations. We granted review to consider a question of first impression in this Court. The issue to be addressed is whether the possibility of the refiling of criminal charges against an individual forecloses the individual’s ability to voluntarily consent to a request by law enforcement authorities for a wiretap interception made…