236 Pa. Super. 140 | Pa. Super. Ct. | 1975
Opinion by
On January 3 and 5, 1974, one Rodney G. Phillips engaged in conversations with Officer Lloyd J. Salvatori of the Muncy Borough Police Department. During these conversations Phillips had concealed under his coat a tape recorder and microphone with which he recorded the conversations. Present during these conversations were Officers Gary W. Harris and John P. Rushoe, also of the Muncy Borough Police Department. As a result of these conversations Phillips brought charges of assault
Appellant then petitioned this court for allowance of a discretionary appeal from the interlocutory order pursuant to Section 501 of the Appellate Court Jurisdiction Act.
Appellant’s second contention is that Chapter 57, as amended, should be applied at his trial if it is held subsequent to February 25, 1975, the effective date of the amendment. While we agree that the amendment must be applied to any trial held after February 25, 1975, it does not necessarily follow that the application of such amendment will result in the suppression of the taped conversations under the facts of the instant case. As was stated above, the amendment re-enacted Section 5703 of Chapter 57. The relevant portion of that section states, “no evidence obtained as a result of a violation of privacy or breach of privacy shall be admissible as evidence in any legal proceeding.” (Emphasis supplied.) At the time
Accordingly the portion of the lower court’s order suppressing the evidence in question, if the case goes to trial after February 25, 1975, is vacated.
Van der Voort, J., dissents.
. Act of December 6, 1972, P.L. 1482, §1, 18 Pa. C.S. §2701.
. Act of December 6, 1972, P.L. 1482, §1, 18 Pa. C.S. §2709.
. Act of December 6, 1972, P.L. 1482, §1, 18 Pa. C.S. §4902.
. Act of December 27, 1974, P.L. 1007, No. 327, §2, 18 Pa. C.S. §5701 et seq. (Supp. 1975).
. Act of December 6, 1972, P.L. 1482, §1, 18 Pa. C.S. §5701 et seq. (1973).
. Act of November 25, 1970, P.L. 707, No. 230, as amended by Act of December 6, 1972, P.L. 1339, No. 290, §3, 1 Pa. C.S. §1701 (Supp. 1975).
. Prior to the amendment Chapter 57 was limited only to protection of communications by telephone and telegraph.
. Act of July 31, 1970, P.L. 673, No. 223, art. V, §501, 17 P.S. §211.501 (Supp. 1975).
. The argument that Phillips’ behavior was a violation of privacy or breach of privacy on grounds other than the amendment in question was not raised and will, therefore, not be considered.