No. 2632 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Wayne County at Nos. 24, 83/90 or 1980.
Marc R. Wolfe, Special Prosecutor, Stroudsburg, for Commonwealth, appellant.
Randolph Borden, Hawley, for appellee.
Wickersham, McEwen and Popovich, JJ. Wickersham, J., notes his dissent.
[ 303 Pa. Super. Page 356]
This is an appeal by the Commonwealth from an order suppressing certain evidence seized from the appellee, Henry W. Kalinowski, pursuant to a search warrant that was held to have been invalid. Such evidence was directed to be excluded from use at appellee's trial.*fn1 We affirm.
The warrant in question reads as follows:
"On 5/16/79 Gerri McElroy, a Deputy Sheriff employed by Wayne County, did inform the affiant that she, in the course of her duties as a Deputy Sheriff, at the Sheriff's office, did observe certain equipment utilized for the interception of telephonic conversation and recording of same conversations in the office of Henry W. Kalinowski, Sheriff of Wayne County. The affiant has personnally [sic] known Ms. McElroy for the past 4 mos. The affiant believes that the information given Ms. McElroy is true and correct and she is known to be a truthful and honest person by the affiant and within the community.
In 1978 in a class action proceeding in US Federal Court, Middle Dist., before Judge Malcom Muir, brought by the prisoners of the Wayne County jail, the Wayne County Sheriff, Henry Kalinowski, admitted, under oath, that illegal wire tapping took place during his tenure in office.
[ 303 Pa. Super. Page 357]
Several former employees of the Wayne County Sheriff's Department whom the affiant believes to be reliable, have stated that illegal wire tapping too [sic] place during their employment by the Wayne County Sheriff, Henry W. Kalinowski. These employees are Russell Thomas, Steven Vogt, and Paul Carpenter.
The equipment and connections described by the former employees, named above, is [sic] similar in description to the equipment described by the aforesaid, Gerri McElroy."
Before addressing the sufficiency of the probable cause section of the aforecited warrant, we need to review the particular statute with which the appellee was charged with violating; that is, 18 Pa.C.S.A. § ...