Commonwealth v. Brachbill

Because I disagree with the majority’s treatment of whether an extension telephone is an “intercepting device” under the Wiretapping and Electronic Surveillance Control Act, 18 Pa.Cons.Stat.Ann §§ 5701-5727 (Purdon 1983 & Supp.1988) [hereinafter Wiretap Act], I dissent.

Appellants argue that because Corporal Hoffmaster did not obtain prior review of Riggleman’s consent to the eavesdropping as required by section 5704(2)(ii) of the Wiretap Act, Hoffmaster illegally intercepted the call and its contents should have been supressed. Whether Appellants’ argument is correct depends upon whether…