(a) Cause of action.--Any aggrieved person shall have the right to bring an action in Commonwealth Court against any investigative or law enforcement officer, public official or public employee seeking the officer's, official's or employee's removal from office or employment on the grounds that the officer, official or employee has intentionally violated the provisions of this chapter. If the court shall conclude that such officer, official or employee has in fact intentionally violated the provisions of this chapter, the court shall order the dismissal or removal from office of said officer, official or employee.
(b) Defense.--It is a defense to an action brought pursuant to subsection (a) that the actor acted in good faith reliance on a court order or the provisions of this chapter.
(July 10, 1981, P.L.228, No.73, eff. 60 days)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
Section 5701 - Short title of chapter
Section 5703 - Interception, disclosure or use of wire, electronic or oral communications
Section 5704 - Exceptions to prohibition of interception and disclosure of communications
Section 5707 - Seizure and forfeiture of electronic, mechanical or other devices
Section 5708 - Order authorizing interception of wire, electronic or oral communications
Section 5709 - Application for order
Section 5710 - Grounds for entry of order
Section 5711 - Privileged communications
Section 5712 - Issuance of order and effect
Section 5712.1 - Target-specific orders
Section 5713 - Emergency situations
Section 5713.1 - Emergency hostage and barricade situations
Section 5714 - Recording of intercepted communications
Section 5715 - Sealing of applications, orders and supporting papers
Section 5716 - Service of inventory and inspection of intercepted communications
Section 5718 - Interception of communications relating to other offenses
Section 5719 - Unlawful use or disclosure of existence of order concerning intercepted communication
Section 5722 - Report by issuing or denying judge
Section 5723 - Annual reports and records of Attorney General and district attorneys
Section 5726 - Action for removal from office or employment
Section 5727 - Expiration (Repealed)
Section 5728 - Injunction against illegal interception
Section 5741 - Unlawful access to stored communications
Section 5742 - Disclosure of contents and records
Section 5743 - Requirements for governmental access
Section 5743.1 - Administrative subpoena
Section 5744 - Backup preservation
Section 5746 - Cost reimbursement
Section 5748 - Exclusivity of remedies
Section 5749 - Retention of certain records
Section 5761 - Mobile tracking devices
Section 5771 - General prohibition on use of certain devices and exception
Section 5772 - Application for an order for use of certain devices
Section 5773 - Issuance of an order for use of certain devices
Section 5774 - Assistance in installation and use of certain devices
Section 5775 - Reports concerning certain devices