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COMMONWEALTH v. MITCHELL

No. SJC-11487.

468 Mass. 417 (2014)

COMMONWEALTH v. MARCUS MITCHELL.

Supreme Judicial Court of Massachusetts, Bristol.

June 18, 2014.

Attorney(s) appearing for the Case

David B. Mark , Assistant District Attorney, for the Commonwealth.

Richard B. Klibaner for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

Under the Massachusetts electronic surveillance statute, G. L. c. 272, § 99 F, the Commonwealth is required to obtain a warrant before it may conduct an "interception," which is defined as the secret recording or transmitting of the contents of any wire or oral communication without the consent of all parties to the communication. G. L. c. 272, § 99 B 4. However, under the "one-party consent exception...

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