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COMMONWEALTH v. DU

SJC-13557.

245 N.E.3d 1046 (2024)

495 Mass. 103

COMMONWEALTH v. Thanh DU.

Supreme Judicial Court of Massachusetts, Suffolk.

Decided November 27, 2024.

Attorney(s) appearing for the Case

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Nancy Dolberg, Committee for Public Counsel Services, for the defendant.

Mary Lee, Assistant District Attorney, for district attorney for the Berkshire district & others, amici curiae, submitted a brief.

Joshua M. Daniels & Mason A. Kortz, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Kafker, Wendlandt, Georges, & Dewar, JJ.

In this appeal, we are asked to consider the scope of the suppression remedy provided by the wiretap act, G. L. c. 272, § 99 P, when police violate that statute by secretly making an audio-visual recording of an oral communication. Acting without a warrant, an undercover officer made a series of audio-visual recordings using his cellular...

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