Monday, May 3, 2021

Some Eavesdropping Okay in All Party Consent State (PA)

Recently, in Commonwealth v. Mason, J-44-2020 No. 69 MAP 2019 (March 25, 2021), the Pennsylvania Supreme Court held that audio interceptions, made in the bedroom of toddler-aged victims of a nanny’s physical and verbal abuse, when such interceptions were captured by a camera hidden in a bedroom of the house by the father (and house owner) of the toddler-aged victims, did not violate the rights of the defendant (the nanny) under the Wiretapping and Electronic Surveillance Act (Wiretap Act), 18 Pa.C.S. Sections 5701-5782, and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and, hopefully, brought us closer to a reasonable look at the issue... more