State v. Underwood

The issue in this case is whether an undercover police officer’s recording of a telephone conversation between himself and a suspect constitutes an interception which is subject to suppression because it was not obtained under court order. The state contends that the various provisions relating to interception of communications, codified in Chapters 133, 165 and 41, which were passed as parts of the same act, must be read together to determine what constitutes an “unlawful interception” subject to suppression for failure to obtain a court order. Since parties are exempt from criminal…