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COM. v. SPANGLER

809 A.2d 234 (2002)

COMMONWEALTH of Pennsylvania, Appellant, v. Yuri SPANGLER, Appellee.

Supreme Court of Pennsylvania.

Decided July 17, 2002.

Reargument Denied September 24, 2002.

Attorney(s) appearing for the Case

Joseph W. Carroll, Anthony Sarcione, West Chester, for Commonwealth of Pennsylvania.

D. Michael Fisher, Mary Benefield Seiverling, Harrisburg, for Attorney General of Commonwealth of PA.

Lee Ruslander, West Chester, for Yuri Spangler.

Before: FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and SAYLOR, JJ.

OPINION

Justice SAYLOR.

The issue in this case concerns the propriety of suppressing evidence based upon the requirement in Section 5704(2)(ii) of the Wiretapping and Electronic Surveillance Control Act, obligating a prosecutor to act as the custodian of certain recorded evidence.

Following his arrest for narcotics offenses, Emerson Johnson ("Johnson") identified Appellee, Yuri Spangler ("Spangler"), as an individual from whom he had purchased...

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