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Commonwealth v. Moody
Amicus curiae brief of Jorge Areiza, Hector Dejesus Puerta, Alejandra Gomez, Darney Gomez-Mesa, the Massachusetts Association of Criminal Defense Lawyers, and the National Association of Criminal Defense Lawyers.
Argument: Cellular phone communications and text messages are not ‘wire communications’ under G.L. c. 272, § 99. Even if the language of the Massachusetts Wiretap Act covers cellular phone communications, Massachusetts state courts have no authority to issue wiretap warrants for such communications because the legislature did not update the statute as mandated by Congress.