37. Denied.
38. Admitted in part. Conversations were intercepted at the Crab Catcher restaurant, in the vehicle to and from Black's Beach and at Black's Beach, Torrey Pines, California.
39. Denied. Defense Counsel errs in asserting Pennsylvania substantive law governs the legality of the intercept. California law governs. See Larrison v. Larrison, 750 A.2d 895(Pa. Super. Ct., 2000), Commonwealth v. Bennett, 245 Pa.Super. 457, 369 A.2d 493 (1976) (holding evidence obtained during a drug investigation in New Jersey pursuant to a wiretap authorized pursuant to New Jersey wiretap law could be used to support a search warrant in Pennsylvania even though New Jersey wiretap violated Pennsylvania law). Section 633 of the California Penal Code permits warrantless electronic surveillance by law enforcement performed with the consent of one of the communicating parties---that is "consensual" surveillance. Here, Mr. Roy consented to the interception.
40. Denied. Section 633 of the California Penal Code permits warrantless electronic surveillance by law enforcement performed with the consent of one of the communicating parties---that is "consensual" surveillance. Here, Mr. Roy consented to the interception. Here, there is no poisonous tree or poisonous fruit.
WHEREFORE, the Commonwealth moves this Honorable Court to deny the Defendant's Motion to Suppress.
38. Admitted in part. Conversations were intercepted at the Crab Catcher restaurant, in the vehicle to and from Black's Beach and at Black's Beach, Torrey Pines, California.
39. Denied. Defense Counsel errs in asserting Pennsylvania substantive law governs the legality of the intercept. California law governs. See Larrison v. Larrison, 750 A.2d 895(Pa. Super. Ct., 2000), Commonwealth v. Bennett, 245 Pa.Super. 457, 369 A.2d 493 (1976) (holding evidence obtained during a drug investigation in New Jersey pursuant to a wiretap authorized pursuant to New Jersey wiretap law could be used to support a search warrant in Pennsylvania even though New Jersey wiretap violated Pennsylvania law). Section 633 of the California Penal Code permits warrantless electronic surveillance by law enforcement performed with the consent of one of the communicating parties---that is "consensual" surveillance. Here, Mr. Roy consented to the interception.
40. Denied. Section 633 of the California Penal Code permits warrantless electronic surveillance by law enforcement performed with the consent of one of the communicating parties---that is "consensual" surveillance. Here, Mr. Roy consented to the interception. Here, there is no poisonous tree or poisonous fruit.
WHEREFORE, the Commonwealth moves this Honorable Court to deny the Defendant's Motion to Suppress.
