Commonwealth v. Brion

POPOVICH, Judge:

This is an appeal from an order of the Lycoming County Court of Common Pleas which granted the appellee’s motion for new trial and suppression of electronic surveillance evidence.

Herein, we áre required to review recent developments in the law concerning the electronic surveillance technique of one-party warrantless consensual monitoring. The Commonwealth contends that “the court erred in granting a new trial on the basis that Article I, Section 8 of the Pennsylvania Constitution was violated by the Commonwealth’s failure to obtain a search warrant based upon probable cause…