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COMMONWEALTH v. HYDE

434 Mass. 594 (2001)

COMMONWEALTH v. MICHAEL J. HYDE.

Supreme Judicial Court of Massachusetts, Plymouth.

July 13, 2001.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

William C. Newman & John Reinstein, for American Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Present (Sitting in Northampton): MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

This case raises the issue whether a motorist may be prosecuted for violating the Massachusetts electronic surveillance statute, G. L. c. 272, § 99, for secretly tape recording statements made by police officers during a routine traffic stop. A jury in the District Court convicted the defendant on four counts of a complaint charging him with unlawfully intercepting the oral communications of another, in...

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