The PA Supreme Court held that the recording on the jail phone warning Byrd’s conversation “may be monitored or recorded,” and that he spoke on the phone after the recorded warning, satisfied the mutual except exception to the Wiretap Act.
In this interlocutory appeal, the Supreme Court reversed the Superior Court and ruled, by failing to challenge the suppression court’s explicit invocation of that provision before the Superior Court, the Commonwealth waived its challenge to Wolfel’s failure to raise a claim under Article I, Section 8.
After the trial court granted Wallace’s suppression motion, the Commonwealth appealed. The Superior Court reversed. The Court ruled that the suppression court ignored the stated basis for the suppression motion—that Carter’s physical and psychological state was such that he could not knowingly, intelligently, and voluntarily waive his Miranda rights— and instead sua sponte determined that “under … Read more
Arrington litigated a suppression motion, which the trial court denied. He appealed from the judgment of sentence entered following his convictions of one count each of firearms not to be carried without a license, disregard traffic lane, failure to keep right, and possession of drug paraphernalia, and two counts each of possession of a controlled … Read more
In these consolidated appeals, Garner and his codefendant appeal the denial of their motion to suppress evidence recovered after a car stop. Garner also appealed the District Court’s admission at trial of his prior drug conviction. The Third Circuit Court affirmed. On appeal, the defendants argued the trooper unlawfully extended the traffic stop. The Court … Read more
Bradley was pulled over by state police when a trooper observed Bradley weave in and out of traffic. During the stop, Bradley admitted his license was suspended. After approx. ten more minutes of questioning, Bradley admitted there was cocaine in the trunk of his car. The trooper searched the trunk and confiscated a kilo of … Read more