5721.1 - Evidentiary disclosure of contents of intercepted communication or derivative evidence.

     § 5721.1.  Evidentiary disclosure of contents of intercepted                communication or derivative evidence.        (a)  Disclosure in evidence generally.--            (1)  Except as provided in paragraph (2), no person shall        disclose the contents of any wire, electronic or oral        communication, or evidence derived therefrom, in any        proceeding in any court, board or agency of this        Commonwealth.            (2)  Any person who has obtained knowledge of the        contents of any wire, electronic or oral communication, or        evidence derived therefrom, which is properly subject to        disclosure under section 5717 (relating to investigative        disclosure or use of contents of wire, electronic or oral        communications or derivative evidence) may also disclose such        contents or evidence in any matter relating to any criminal,        quasi-criminal, forfeiture, administrative enforcement or        professional disciplinary proceedings in any court, board or        agency of this Commonwealth or of another state or of the        United States or before any state or Federal grand jury or        investigating grand jury. Once such disclosure has been made,        then any person may disclose the contents or evidence in any        such proceeding.            (3)  Notwithstanding the provisions of paragraph (2), no        disclosure in any such proceeding shall be made so long as        any order excluding such contents or evidence pursuant to the        provisions of subsection (b) is in effect.        (b)  Motion to exclude.--Any aggrieved person who is a party     to any proceeding in any court, board or agency of this     Commonwealth may move to exclude the contents of any wire,     electronic or oral communication, or evidence derived therefrom,     on any of the following grounds:            (1)  Unless intercepted pursuant to an exception set        forth in section 5704 (relating to exceptions to prohibition        of interception and disclosure of communications), the        interception was made without prior procurement of an order        of authorization under section 5712 (relating to issuance of        order and effect) or an order of approval under section        5713(a) (relating to emergency situations) or 5713.1(b)        (relating to emergency hostage and barricade situations).            (2)  The order of authorization issued under section 5712        or the order of approval issued under section 5713(a) or        5713.1(b) was not supported by probable cause with respect to        the matters set forth in section 5710(a)(1) and (2) (relating        to grounds for entry of order).            (3)  The order of authorization issued under section 5712        is materially insufficient on its face.            (4)  The interception materially deviated from the        requirements of the order of authorization.            (5)  With respect to interceptions pursuant to section        5704(2), the consent to the interception was coerced by the        Commonwealth.            (6)  Where required pursuant to section 5704(2)(iv), the        interception was made without prior procurement of a court        order or without probable cause.        (c)  Procedure.--            (1)  The motion shall be made in accordance with the        applicable rules of procedure governing such proceedings. The        court, board or agency, upon the filing of such motion, shall        make available to the movant or his counsel the intercepted        communication and evidence derived therefrom.            (2)  In considering a motion to exclude under subsection        (b)(2), both the written application under section 5710(a)        and all matters that were presented to the judge under        section 5710(b) shall be admissible.            (3)  The movant shall bear the burden of proving by a        preponderance of the evidence the grounds for exclusion        asserted under subsection (b)(3) and (4).            (4)  With respect to exclusion claims under subsection        (b)(1), (2) and (5), the respondent shall bear the burden of        proof by a preponderance of the evidence.            (5)  With respect to exclusion claims under subsection        (b)(6), the movant shall have the initial burden of        demonstrating by a preponderance of the evidence that the        interception took place in his home. Once he meets this        burden, the burden shall shift to the respondent to        demonstrate by a preponderance of the evidence that the        interception was in accordance with section 5704(2)(iv).            (6)  Evidence shall not be deemed to have been derived        from communications excludable under subsection (b) if the        respondent can demonstrate by a preponderance of the evidence        that the Commonwealth or the respondent had a basis        independent of the excluded communication for discovering        such evidence or that such evidence would have been        inevitably discovered by the Commonwealth or the respondent        absent the excluded communication.        (d)  Appeal.--In addition to any other right of appeal, the     Commonwealth shall have the right to appeal from an order     granting a motion to exclude if the official to whom the order     authorizing the intercept was granted shall certify to the court     that the appeal is not taken for purposes of delay. The appeal     shall be taken in accordance with the provisions of Title 42     (relating to judiciary and judicial procedure).        (e)  Exclusiveness of remedies and sanctions.--The remedies     and sanctions described in this subchapter with respect to the     interception of wire, electronic or oral communications are the     only judicial remedies and sanctions for nonconstitutional     violations of this subchapter involving such communications.     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)        1998 Amendment.  Act 19 added section 5721.1.        Cross References.  Section 5721.1 is referred to in section     5749 of this title.