PA decision that CI’s recording inside a house required a warrant affirmed by equally divided court

In 2013, Pennsylvania Superior Court held that the state constitution prohibits warrantless taping inside a suspect’s home with a video camera planted on an informant. Commonwealth v. Dunnavant, 2013 PA Super 38, 63 A.3d 1252 (2013) (posted here). That decision was affirmed by an equally divided court, thanks to the resignation of one justice. Commonwealth v. Dunnavant, 18 WAP 2013 (December 29, 2014) (per curiam). Opinions in support of reversal 2014 Pa. LEXIS 3457 (December 29, 2014) are here and here. Opinions in support of affirmance 2014 Pa. LEXIS 3459 (December 29, 2014) are here and here. Because this issue will arise again, and already has a 3-3 divide, the next time, the parties have their work cut out. All four opinions are interesting to Pennsylvania practitioners.