Commonwealth v. E.C.

The Pennsylvania Department of Corrections Criminal Intelligence Unit contacted the PA Attorney General Gun Violence Task Force to begin an investigation after E.C., a state parolee, was heard on a recorded prison call with another inmate discussing the sale of drugs and firearms that E.C. was in possession of. Agents conducted surveillance of E.C.’s approved state parole address to establish he was currently resided there and secured a search warrant on the strength of the recorded prison calls. During the execution of the warrant, agents recovered a “ghost gun” in a bedroom dresser that also contained mail nd identification in the name of E.C. The defense filed a motion to suppress evidence challenging the probable cause contained in the affidavit to search the house and a judge ultimately granted that motion. As a result, all charges were dismissed, and because a Judge found that the agents violated E.C.’s constitutional rights, state parole was also without grounds to violate him and send him back to state prison as a parole violator.