State v. Tracey

This is a test case to determine whether evidence obtained by wire-tapping is admissible in state criminal prosecutions and is a case of first impression in this jurisdiction. The only relevant state statutory provision is RSA 572:3, which makes it a felony to injure, destroy or damage any “ . . . wires or other materials or fixtures ...” of any public utility. Similar statutes have been uniformly construed as applicable only to damage or injury to the wires and property of the public utility and are in no sense regarded as regulating or prohibiting wire-tapping. State v. Nordskog, 76 Wash.…