COM. v. DeMARCO


396 Pa.Super. 357 (1990)

578 A.2d 942

COMMONWEALTH of Pennsylvania, Appellant, v. Drew De MARCO, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Blair De MARCO, Appellee.

Supreme Court of Pennsylvania.

Filed July 26, 1990.


Attorney(s) appearing for the Case

Catherine Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Dennis J. Cogan, Philadelphia, for appellees.

Before OLSZEWSKI, KELLY and JOHNSON, JJ.


KELLY, Judge:

In this case we are called upon to determine whether the trial court improperly suppressed an answering machine tape upon which incriminating information was recorded, based upon a conclusion that it was subject to statutory exclusion as the fruits of an unlawful interception under the Wiretapping and Electronic Surveillance Control Act. We are also asked to determine if the failure to include a certification of impairment in the notice of appeal is...

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