District Attorney for the Plymouth District v. Coffey

The defendant was charged with three violations of G. L. c. 269, § 14A. The complaints alleged that he used the telephone repeatedly for the sole purpose of harassing, annoying, or molesting Elaine Coffey, his former wife. A judge of a District Court, after a hearing, allowed the defendant’s motion to suppress “[a]ny portions of the contents of any interception or any evidence derived therefrom as a result of the use of a pen register or similar device pertaining to the telephone number of the defendant’s residence.” The Commonwealth appealed the allowance of that motion. We transferred the…