Opinion

Boettger v. Miklich

  • 534 Pa. 581
  • 633 A.2d 1146
  • 1993 Pa. LEXIS 270
Court
Supreme Court of Pennsylvania
Filed
Nov 10, 1993
Status
Published
Author
Montemuro
On the bench
Nix, Larsen, Flaherty, Zappala, Papadakos, Cappy, Montemuro
Cited by
30 cases

finding that, because Section 5717(a) only allows disclosure to investigative and law enforcement officers as defined in Section 5702 of the Act, it prohibits distribution to taxing authorities

How later courts described this case

  • finding that, because Section 5717(a) only allows disclosure to investigative and law enforcement officers as defined in Section 5702 of the Act, it prohibits distribution to taxing authorities
  • holding the Commonwealth Court improperly barred a plaintiff's suit under the "good-faith defense" of the Wiretapping Act, 12 because police unlawfully disclosed incepted data to taxing agencies without an authorizing court order
  • finding that good faith exception in Section 5725(c) of Wiretap Act was unavailable to state trooper, Commonwealth, or Commissioner of State Police in Section 5725(a) action
  • refusing to find a violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa. C.S.A. § 5725, to be covered by the one-year statute of limitations because it "is a distinct cause of action" from Pennsylvania invasion of privacy

Written by the judges who cited it.

The opinion

MONTEMURO, Justice,

dissenting.

I Dissent and would affirm on the basis of the Commonwealth Court Opinion.

PAPADAKOS, J., joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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