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COMMONWEALTH PENNSYLVANIA v. JUAN T. RODRIQUEZ (09/17/86)

filed: September 17, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
JUAN T. RODRIQUEZ, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lebanon County at No. 62, 1984.

COUNSEL

Paul W. Kilgore, Lebanon, for appellant.

Wickersham, Brosky and Watkins, JJ.

Author: Wickersham

[ 356 Pa. Super. Page 545]

Juan T. Rodriquez appeals from the judgment of sentence entered against him by the Court of Common Pleas of Lebanon County following his conviction for a violation of the Controlled Substance, Drug, Device and Cosmetic Act.*fn1

The evidence, viewed in the light most favorable to the Commonwealth as verdict-winner, disclosed that on August 10, 1983, appellant sold for $25.00 a packet of methamphetamine to Vicki Schauer, an individual who at the time was cooperating with Lebanon County law enforcement agencies by making the purchase while wearing electronic surveillance equipment. As a result of that sale, appellant was subsequently arrested and charged with one count of

[ 356 Pa. Super. Page 546]

    delivery of methamphetamine, in violation of section 13(a)(30) of the above act.

Appellant filed an omnibus pretrial motion seeking suppression of evidence, claiming that the sale was intercepted in violation of the Wiretapping and Electronic Surveillance Control Act*fn2 and the United States and Pennsylvania Constitutions. He also sought to have the information quashed. On May 10, 1984, following a hearing before the Honorable G. Thomas Gates, P.J., appellant's motion was dismissed. Appellant's trial by jury on May 14-15, 1984 resulted in a verdict of guilty. Timely post-trial and supplemental post-trial motions were filed and denied. On July 3, 1985, appellant was sentenced to a term of imprisonment of four (4) to eight (8) years, plus payment of a $100.00 fine, costs, and restitution. This appeal timely followed.

Appellant raises nine issues for our consideration:

I. Did the Commonwealth fail to comply with the "Wiretapping and Electronic Surveillance Control Act" as to securing approval of consensual surveillance under section 5704?

II. Was the alleged consent of Vickie [sic] Schauer to participate in the electronic interception of oral communications the product of undue official coercion and inducement in violation of the "Wiretapping and Electronic Surveillance Act"?

III. Was the interception of communications of appellant made in violation of appellant's rights under [the] fourth amendment to the United States Constitution and article I, section 8 of the Pennsylvania Constitution?

IV. Does use of the content of the interception of communications of appellant violate appellant's right against self-incrimination afforded by the fifth amendment of the United States Constitution and article I, section 9 of the Pennsylvania Constitution?

[ 356 Pa. Super. Page 547]

V. Should the methamphetamine allegedly sold by appellant be suppressed under the exclusionary rule?

[VI. Was the defendant's arrest illegal?]

VII. Did the trial court err in allowing the jury to read an alleged transcript of the taped conversation ...


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