COMMONWEALTH COURT GRANTS FIRM’S MOTION FOR JUDGMENT IN WIRETAP CASE

n the Pennsylvania’s Commonwealth Court’s original jurisdiction, Elliott Greenleaf successfully moved for judgment on behalf of police officers pursuant to Pennsylvania’s Wiretapping Act. The plaintiff alleged that the police officers violated the Wiretapping Act by accessing the plaintiff’s cell phone voice mail during a criminal investigation. After preliminary motions practice and an appeal to the Pennsylvania Supreme Court, the Commonwealth Court agreed with the Firm’s argument that the plaintiff failed to show that the police officers acquired the voicemail through the use of any electronic mechanical or other device required to violate the wiretapping Act.

The Firm’s John G. Dean and Mark W. Bufalino of the Wilkes-Barre office represented the police officers.