Commonwealth v. Darush

DEL SOLE, J.:

¶ 1 Today we consider whether the rulings of Commonwealth v. Brian, 539 Pa. 256, 652 A.2d 287 (1994) and Commonwealth v. Schaeffer, 370 Pa.Super. 179, 536 A.2d 354 (1987), aff'd, 539 Pa. 272, 652 A.2d 294 (1994) apply to require a warrant where a consenting law enforcement officer telephones an individual at home and records that conversation. We hold that a warrant is required in this situation and therefore affirm the suppression order.

¶ 2 Appellee, David Darush, was charged with two counts of delivery of marijuana, two counts of possession with intent to deliver and criminal…