Commonwealth v. Hoffman

This is an appeal by the Commonwealth from the pretrial court’s grant of appellee’s motion to suppress a certain recorded conversation and the transcript thereof. Finding the suppression court’s reliance upon Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964), and its progeny to be misplaced, we reverse the order of the suppression court and remand for further proceedings.

We initially note that the Commonwealth has set forth in its statement of jurisdiction that the entry of the suppression order in question substantially handicapped the prosecution, thereby properly…