SLJ Law Reform Committee Files Amicus Brief with SJC

The Law Reform Committee of the Suffolk Lawyers for Justice Board of Directors, chaired by New England School of Law Professor David Siegel, recently filed an Amicus Brief with the SJC in the case of Commonwealth v. Rodriguez (S.J.C. No. 09910).  The question presented in the case is whether the admission of an electronically intercepted conversation, between an informant and a defendant occurring wholly within a private home, secretly recorded without a warrant, should continue to violate Article 14 of the Declaration of Rights.  In Commonwealth v. Joel Rodriguez, 67 Mass. App. Ct. 636 (2006) the Appeals Court of Massachusetts held that the defendant was unable to challenge admission of a recorded conversation that took place in a private residence, because he lacked a reasonable expectation of privacy in the conversation.  SLJ's Amicus Brief argues that the Court of Appeals holding in Rodriguez, eviscerates any meaningful on secret electronic surveillance by the Commonwealth in private homes and urges the Court to retain the rule that the admission of an electronically intercepted conversation, between an informant and a defendant occurring wholly within a private home, secretly recorded without a warrant, violates Article 14 of the Declaration of Rights.

The SLJ Law Reform Committee is always looking for people interested in law reform issues to help with amicus briefs or in pursuing other avenues to improve justice for indigent criminal defendants.  Please email Marc Chamblee or Professor Siegel if you would be interested in working with SLJ to promote reform on a particular issue.

Download:

Rodriguez Amicus Brief

Commonwealth v. Rodriguez, 67 Mass. App. Ct. 636 (2006)

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