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COM. v. ROSA

Nos. 985 MDA 2010, 1159 MDA 2010.

21 A.3d 1264 (2011)

2011 PA Super 107

COMMONWEALTH of Pennsylvania, Appellant v. Angel ROSA, Appellee. Commonwealth of Pennsylvania, Appellant. v. John J. FRANK, Appellee.

Superior Court of Pennsylvania.

Filed May 19, 2011.

Attorney(s) appearing for the Case

Nichole L. Eisenhart , Assistant District Attorney, Lebanon, for Commonwealth, appellant.

Elizabeth Judd , Public Defender and Nicholas J. Sidelnich , Public Defender, Lebanon, for appellees.

BEFORE: BENDER, DONOHUE and OTT, JJ.

OPINION BY BENDER, J.:

The Commonwealth of Pennsylvania appeals the trial court's orders suppressing evidence of unlawful drug sales obtained by an officer of the Lebanon County Drug Task Force when the officer answered cell phones belonging to the two defendants and pretended to be the phones' owner. The trial court concluded that the officer's conduct constituted an illegal interception under Pennsylvania's Wiretap Act. The Commonwealth contends that no interception...

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