HARRISBURG Mercer County sheriff joins lawsuit

HARRISBURG (AP) -- Five deputy sheriffs who were denied a spot in a state police training program in wiretapping and electronic surveillance have sued, seeking a court order that would let them participate in the five-day session that starts Monday.
The suit, filed by the deputies along with the sheriffs of Mercer, Warren, Bradford and Cumberland counties and three district attorneys, argues that such training is needed for drug investigations and for homeland security.
"At stake in this case is the protection of the public," the suit said.
State's response
State police Commissioner Jeffrey B. Miller said in a prepared statement that it was unclear whether deputies are legally permitted to use wiretaps and other forms of electronic surveillance, and that his agency could "place itself in jeopardy of civil action by providing wiretap training to sheriffs and deputies."
Miller said state police had proposed a compromise under which deputies would receive the training if they were also designated as county detectives, who are permitted to operate wiretaps.
Hearing
A hearing on the request for a preliminary injunction was scheduled for Friday in Commonwealth Court in Harrisburg.
Attached to the lawsuit was an affidavit from Warren County Sheriff Larry E. Kopko, one of the plaintiffs, saying that without a deputy in the training class, "we continue to allow the illegal drug business to flourish in Warren County because of our inability to be effective in the suppression of drug dealing."
"Body wires could provide invaluable [aid] in developing the information that we need to secure search warrants," Kopko said. "Without it, we must instead use and rely on witnesses who are often known drug dealers and who face credibility issues or witnesses whose memories fade over time."
The affidavit of Cumberland County District Attorney M.L. "Skip" Ebert Jr. said that his county has only a small pool of certified electronic eavesdropping investigators, a shortage that has caused "staggering overtime costs to our office, as well as the neglect of other pressing business."
The lawsuit accuses Miller of "erroneously, arbitrarily and in abuse of his discretion" having prohibited the deputies from attending the course, titled "Legal and Technical Aspects of Wiretapping and Electronic Surveillance."