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COMMONWEALTH v. BYRD

No. 34 WAP 2018.

235 A.3d 311 (2020)

COMMONWEALTH of Pennsylvania, Appellee v. James T. BYRD, a/k/a Al-Tariq Sharif Ali Byrd, Appellant.

Supreme Court of Pennsylvania.

Decided: July 29, 2020.

Attorney(s) appearing for the Case

Hugh J. Burns Jr., Esq. , for Amicus Curiae.

Frankie C. Walker II, Esq. , Frank Walker Law, for Appellant.

Kevin Francis McCarthy, Esq. , Allegheny County District Attorney's Office, for Appellee.

Michael Wayne Streily, Esq. , Allegheny County District Attorney's Office, for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this appeal, we are asked to examine the mutual consent exception to the Wiretapping and Electronic Surveillance Control Act (Wiretap Act), 18 Pa.C.S. § 5704(4). For the reasons that follow, we hold that prior consent under the mutual...

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