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COMMONWEALTH v. JARABEK

384 Mass. 293 (1981)

424 N.E.2d 491

COMMONWEALTH vs. ALLEN L. JARABEK & another.

Supreme Judicial Court of Massachusetts, Bristol.

August 5, 1981.

Attorney(s) appearing for the Case

Phillip Rivard-Raposa, Assistant District Attorney, for the Commonwealth.

John J. Harrington for Allen L. Jarabek.

John J. Droney, District Attorney, for the Northern District, amicus curiae, Deborah M. Cerullo, Legal Assistant to the District Attorney, & Robert M. Raciti, Assistant District Attorney, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.

HENNESSEY, C.J.

This case comes before us on an interlocutory appeal by the Commonwealth from the decision of a Superior Court judge allowing the defendants' motion to suppress evidence of certain recorded conversations as having been obtained in violation of the Massachusetts interception statute, G.L.c. 272, § 99. The judge ordered the suppression not merely of the taped recordings of the conversations, but also of live testimony regarding the conversations...

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