2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5721.1 - Evidentiary disclosure of contents of intercepted communication or derivative evidence.

     § 5721.1.  Evidentiary disclosure of contents of intercepted
                communication or derivative evidence.
        (a)  Disclosure in evidence generally.--
            (1)  Except as provided in paragraph (2), no person shall
        disclose the contents of any wire, electronic or oral
        communication, or evidence derived therefrom, in any
        proceeding in any court, board or agency of this
        Commonwealth.
            (2)  Any person who has obtained knowledge of the
        contents of any wire, electronic or oral communication, or
        evidence derived therefrom, which is properly subject to
        disclosure under section 5717 (relating to investigative
        disclosure or use of contents of wire, electronic or oral
        communications or derivative evidence) may also disclose such
        contents or evidence in any matter relating to any criminal,
        quasi-criminal, forfeiture, administrative enforcement or
        professional disciplinary proceedings in any court, board or
        agency of this Commonwealth or of another state or of the
        United States or before any state or Federal grand jury or
        investigating grand jury. Once such disclosure has been made,
        then any person may disclose the contents or evidence in any
        such proceeding.
            (3)  Notwithstanding the provisions of paragraph (2), no
        disclosure in any such proceeding shall be made so long as
        any order excluding such contents or evidence pursuant to the
        provisions of subsection (b) is in effect.
        (b)  Motion to exclude.--Any aggrieved person who is a party
     to any proceeding in any court, board or agency of this
     Commonwealth may move to exclude the contents of any wire,
     electronic or oral communication, or evidence derived therefrom,
     on any of the following grounds:
            (1)  Unless intercepted pursuant to an exception set
        forth in section 5704 (relating to exceptions to prohibition
        of interception and disclosure of communications), the
        interception was made without prior procurement of an order
        of authorization under section 5712 (relating to issuance of
        order and effect) or an order of approval under section
        5713(a) (relating to emergency situations) or 5713.1(b)
        (relating to emergency hostage and barricade situations).
            (2)  The order of authorization issued under section 5712
        or the order of approval issued under section 5713(a) or
        5713.1(b) was not supported by probable cause with respect to
        the matters set forth in section 5710(a)(1) and (2) (relating
        to grounds for entry of order).
            (3)  The order of authorization issued under section 5712
        is materially insufficient on its face.
            (4)  The interception materially deviated from the
        requirements of the order of authorization.
            (5)  With respect to interceptions pursuant to section
        5704(2), the consent to the interception was coerced by the
        Commonwealth.
            (6)  Where required pursuant to section 5704(2)(iv), the
        interception was made without prior procurement of a court
        order or without probable cause.
        (c)  Procedure.--
            (1)  The motion shall be made in accordance with the
        applicable rules of procedure governing such proceedings. The
        court, board or agency, upon the filing of such motion, shall
        make available to the movant or his counsel the intercepted
        communication and evidence derived therefrom.
            (2)  In considering a motion to exclude under subsection
        (b)(2), both the written application under section 5710(a)
        and all matters that were presented to the judge under
        section 5710(b) shall be admissible.
            (3)  The movant shall bear the burden of proving by a
        preponderance of the evidence the grounds for exclusion
        asserted under subsection (b)(3) and (4).
            (4)  With respect to exclusion claims under subsection
        (b)(1), (2) and (5), the respondent shall bear the burden of
        proof by a preponderance of the evidence.
            (5)  With respect to exclusion claims under subsection
        (b)(6), the movant shall have the initial burden of
        demonstrating by a preponderance of the evidence that the
        interception took place in his home. Once he meets this
        burden, the burden shall shift to the respondent to
        demonstrate by a preponderance of the evidence that the
        interception was in accordance with section 5704(2)(iv).
            (6)  Evidence shall not be deemed to have been derived
        from communications excludable under subsection (b) if the
        respondent can demonstrate by a preponderance of the evidence
        that the Commonwealth or the respondent had a basis
        independent of the excluded communication for discovering
        such evidence or that such evidence would have been
        inevitably discovered by the Commonwealth or the respondent
        absent the excluded communication.
        (d)  Appeal.--In addition to any other right of appeal, the
     Commonwealth shall have the right to appeal from an order
     granting a motion to exclude if the official to whom the order
     authorizing the intercept was granted shall certify to the court
     that the appeal is not taken for purposes of delay. The appeal
     shall be taken in accordance with the provisions of Title 42
     (relating to judiciary and judicial procedure).
        (e)  Exclusiveness of remedies and sanctions.--The remedies
     and sanctions described in this subchapter with respect to the
     interception of wire, electronic or oral communications are the
     only judicial remedies and sanctions for nonconstitutional
     violations of this subchapter involving such communications.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 added section 5721.1.
        Cross References.  Section 5721.1 is referred to in section
     5749 of this title.