Commonwealth v. F.W.

Defendant was indicted on several counts of sexual assault of a child under the age of sixteen. The victim was a mute and autistic child, and Defendant was the victim's grandfather. Carrie, the victim's older half-sister, suspected abuse and set up a hidden video camera in the bedroom in Defendant's home, aiming the camera at the bed. Carrie then took the recording to the police department, after which Defendant was arrested. Defendant moved to suppress the victim's oral communications in the audiovisual recording and subsequent statements he made to the police. The superior court denied the motion. The Supreme Court affirmed the denial of Defendant's motion to suppress, holding that, under the circumstances, Carrie could vicariously consent to the recording of the victim's oral communications under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. View "Commonwealth v. F.W." on Justia Law