person possessing an expectation that such communication is not
subject to interception under circumstances justifying such
expectation. The term does not include [any electronic
communication.] the following:
(1) An electronic communication.
(2) A communication made in the presence of a law
enforcement officer on official duty who is in uniform or
otherwise clearly identifiable as a law enforcement officer ,
sheriff or deputy sheriff and the law enforcement officer ,
sheriff or deputy sheriff is using an electronic, mechanical
or other device which has been approved under section 5706(b)
(4) (relating to exceptions to prohibitions in possession,
sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices) for the purpose of
recording the communication.
(2) A COMMUNICATION MADE IN THE PRESENCE OF A LAW
ENFORCEMENT OFFICER ON OFFICIAL DUTY WHO IS IN UNIFORM OR
OTHERWISE CLEARLY IDENTIFIABLE AS A LAW ENFORCEMENT OFFICER
AND WHO IS USING AN ELECTRONIC, MECHANICAL OR OTHER DEVICE
WHICH HAS BEEN APPROVED UNDER SECTION 5706(B)(4) (RELATING TO
EXCEPTIONS TO PROHIBITIONS IN POSSESSION, SALE, DISTRIBUTION,
MANUFACTURE OR ADVERTISEMENT OF ELECTRONIC, MECHANICAL OR
OTHER DEVICES) TO INTERCEPT THE COMMUNICATION IN THE COURSE
OF LAW ENFORCEMENT DUTIES. AS USED IN THIS PARAGRAPH ONLY,
"LAW ENFORCEMENT OFFICER" MEANS A MEMBER OF THE PENNSYLVANIA
STATE POLICE, AN INDIVIDUAL EMPLOYED AS A POLICE OFFICER WHO
HOLDS A CURRENT CERTIFICATE UNDER 53 PA.C.S. CH. 21 SUBCH. D
(RELATING TO MUNICIPAL POLICE EDUCATION AND TRAINING), A
SHERIFF OR A DEPUTY SHERIFF.
* * *
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