Commonwealth v. Damiano

The Commonwealth appeals from the allowance of a motion to suppress the contents of a telephone conversation to which Phillip M. Damiano was a party, and evidence derived from that conversation, including a bag of marijuana found in a search of Damiano’s pockets at the time of his arrest, a large quantity of cocaine subsequently seized from his house, and statements he made to the police at the police station.1 The basis on which the motion was allowed was a determination by the motion judge that Damiano’s telephone conversation was intercepted in violation of Title III of the Omnibus Crime…