State v. Smith

One issue is raised on appeal. If an oral communication is lawfully intercepted because of the consent of a party to the conversation but is otherwise inadmissible into evidence in a criminal prosecution due to a failure to comply with statutory requirements, does such deficiency require the additional suppression of the testimony of the consenting participant?

No reference is made in the criminal complaint to the radio device. Although the undercover officer was not the complainant, the complaint recites his statements to the complainant of his observation of the illicit offer to commit an…