concurring.
I join Judge Johnson’s Opinion. I believe the concerns expressed by the dissents are best dealt with between district attorneys and law enforcement agencies.
We have no way of knowing how many times a day, throughout the Commonwealth, that police officers agree with a criminal suspect to reduce or to not file charges in exchange for investigative cooperation. It has been represented that this is a constantly used tool in law enforcement. If a local district attorney wishes to avoid being bound by such agreements, the remedy is to notify all police departments within the county and to seek administrative discipline against any officer who may violate the rule.
I would place this burden on the Commonwealth and its agencies, not the public.