Commonwealth v. Jackson

In this case we address the issue whether two taped telephone conversations in which the defendant was a participant were lawfully recorded under G. L. c. 272, § 99. The defendant filed a petition for interlocutory relief (G. L. c. 278, § 28E) from the trial judge’s denial of his motion to suppress these two recorded telephone calls. A single justice of this court allowed the defendant’s petition and reserved and reported the case on a statement of agreed facts for a determination by the full court. We affirm the trial judge’s denial of the motion to suppress and hold that the tape recordings…