Commonwealth v. Kean

BECK, Judge:

This case presents what the trial court described as a “strange search and seizure issue ... which may be unique in the annals of the criminal justice system____” The issue is whether the appellants’ rights under the federal and state constitutions were violated when the court refused to suppress a videotape which showed the appellants participating in sexual activities in the bedroom of their home. This videotape had been surreptitiously recorded by two juveniles and was subsequently given to the police by the mother of one of them. The videotape was then viewed by the police…