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KOPKO v. MILLER

842 A.2d 1028 (2004)

Larry E. KOPKO, Sheriff of Warren County, Jacob Sack, Deputy Sheriff of Warren County, Rick Hernan, District Attorney of Warren County, William H. Romine, Sheriff of Mercer County, Mark D. Yassem, Deputy Sheriff of Mercer County, James Epstein, District Attorney of Mercer County, Steven A. Evans, Sheriff of Bradford County, Michael Van Kuren, Deputy Sheriff of Bradford County, Chris Burgert, Deputy Sheriff of Bradford County, R. Thomas Kline, Sheriff of Cumberland County, Dawn L. Kell, Deputy Sheriff of Cumberland County, M.L. Ebert, District Attorney of Cumberland County, Petitioners v. Jeffrey B. MILLER, in his official capacity as Commissioner of the Pennsylvania State Police of the Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Vincent J. Grogan, Pittsburgh and Thomas W. King, III, Butler, for petitioners.

Barbara L. Christie, Harrisburg, and Leslie Ann Miller, Philadelphia, for respondent.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, SMITH-RIBNE R, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

Before the Court in our original jurisdiction are cross-motions for summary relief filed by sheriffs, deputy sheriffs and district attorneys of Warren, Mercer, Bradford and Cumberland counties (collectively Sheriffs), and Jeffrey B. Miller, Commissioner (Commissioner) of the Pennsylvania State Police (PSP). We are asked whether sheriffs are "investigative or law enforcement officers" under the Wiretapping...

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