An iPad does not fall within the telephone exemption under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and users of the device do not have a reasonable expectation of privacy when it comes to sending text messages, the state Superior Court has ruled in a case of first impression.
A three-judge panel of the court in Commonwealth v. Diego ruled Tuesday afternoon that having an informant relay to police officers text messages the informant received while setting up a drug deal did not violate the Wiretap Act. The decision reversed a holding from the Dauphin County Court of Common Pleas to suppress the information.
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