# Commonwealth v. McIvor

> Superior Court of Pennsylvania · January 22, 1996 · 448 Pa. Super. 98

URL: https://www.frixlaw.com/law-library/cases/9629866

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Donald L. McIVOR, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** January 22, 1996
- **Citations:** 448 Pa. Super. 98; 670 A.2d 697; 1996 Pa. Super. LEXIS 116
- **Precedential status:** Published
- **Opinion:** Dissent by Tamilia
- **Judges:** Rowley, Cavanaugh, Beck, Tamilia, Kelly, Johnson, Hudock, Elliott, Saylor
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9629866

## How later opinions describe it (automated extraction)

- explaining that "[g]enerally, where there is an expectation of privacy[,] there is also an expectation of noninterception. Such is not always the case"
- explaining that “[generally, where there is an expectation of privacy[,] there is also an expectation of noninterception. Such is not always the case”

## Opinion text

*120 TAMILIA, Judge,
dissenting.
I respectfully dissent. I do not believe there can be an expectation of privacy in an investigative stop by a police officer in the legitimate exercise of his duty as a police officer. The Wiretap Act was meant to preclude intercepts of communication without having established probable cause and the right to search, which is clearly an invasion of privacy prohibited by the Act, if not the Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9629866. Public record. Not legal advice.