Commonwealth v. Burgos

After a jury trial, Defendant was convicted of murder in the first degree. Defendant appealed, arguing that the trial court erred in denying his motion to suppress a surreptitiously recorded oral conversation between him and a police informant, that evidence of the conversation should have been excluded at trial, and therefore, that his conviction must be reversed. At issue before the Supreme Court was whether the one-party consent exception to the statutory prohibition against the secret recording or oral communications applied in this case. The Supreme Court reversed Defendant’s conviction, holding that the recorded conversation did not fit within the exception, that the conversation should not have been admitted in evidence at trial, and that the error was not harmless. View "Commonwealth v. Burgos" on Justia Law