KATZMANN, J.
Raul Cabral, suspected by a family of raping their mentally challenged daughter, expectorated on a public sidewalk. A private investigator, on sick leave from the New Bedford police department (department) — who had been hired by the family to surveil the suspect covertly and to attempt to obtain deoxyribonucleic acid (DNA) evidence — retrieved the saliva and sent it for DNA testing. Ultimately, the results provided the basis for a court...
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