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Commonwealth v. Rekasie

Order reversing trial court's order of suppression affirmed; Commonwealth was not required to obtain a determination of probable cause before recording the contents of a telephone call placed by a cooperative informant to defendant in his home because defendant did not have a reasonable expectation that his telephone conversation would be free from consensual participant monitoring.

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ARGUED: MARCH 8, 2000

OPINION

In this appeal, our court revisits the area of one party consensual wire interceptions. The sole issue before our court is whether Article I, Section 8 of the Pennsylvania Constitution requires the Commonwealth to obtain a determination of probable cause by a neutral, judicial authority before an agent of the Commonwealth may initiate a telephone call to an individual in his home and record that conversation. For the reasons that follow, we hold that Appellant Kirk Rekasie did not have a reasonable expectation that his telephone conversation would be free from consensual participant monitoring. Thus, we find that under the Pennsylvania Constitution, the Commonwealth was not required to obtain a determination of probable cause before recording the contents of a telephone call placed by a cooperative informant to Rekasie in his home.

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