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Supreme Judicial Court hears appeal over whether troopers' body cameras violated wiretap statute
Summary
Attorneys argued whether visible body-worn cameras and posted signage at an OUI checkpoint meant the defendant had knowledge of audio recording and whether officers' failure to follow departmental notice policy showed a willful, secret interception.
The Supreme Judicial Court heard oral argument in Commonwealth v. Scott Grimaldi over whether state troopers' use of body-worn cameras at an OUI checkpoint violated the state wiretap statute. Attorneys for the Commonwealth and for Mr. Grimaldi disputed whether the combination of posted signage, visible camera devices and red indicator lights gave the defendant knowledge that audio was being recorded, and whether officers' alleged failures to follow departmental policy demonstrated a willful, secret interception.
Attorney Travis Lynch, arguing for the Commonwealth, told the court that the cameras and posted warning signs made the recording non-secret and therefore outside the statute's reach. "There's no secret recording here," Lynch said, and he pointed the court to video he said…
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