NEW ENGLAND TEL. & TEL. v. ATTORNEY FOR NORFOLK DIST.


374 Mass. 569 (1978)

373 N.E.2d 960

NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY vs. DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1978.


Attorney(s) appearing for the Case

John M. Harrington, Jr. (Thomas B. Wheatley with him) for the plaintiff.

Matthew T. Connolly, Assistant District Attorney, for the defendant.

Francis X. Bellotti, Attorney General, Stephen R. Delinsky & Barbara A.H. Smith, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.


BRAUCHER, J.

The question presented is whether a judge of the Superior Court has authority to order the plaintiff telephone company to provide technical assistance, including "lease lines," to law enforcement officers to effectuate a wiretap pursuant to a warrant issued under G.L.c. 272, § 99. We hold that the judge does have such authority, and order a judgment so declaring. We follow in substance the reasoning of the Supreme Court of the United States in

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