Coakley pushing for update to state’s wiretapping laws

LYNN – The state’s wiretapping laws are in need of an update according to Attorney General Martha Coakley, who is pushing the reform in an effort to combat street violence.The current law was written in 1968 during a time period that Coakley said had vastly different technology than what is in use today.”We believe the law is outdated and in our proposed legislation we are asking to simply update the law to give law enforcement the tools to keep up with the technologies and crimes that we see now,” she said. “The SJC has clearly stated that we should change the law, if we want to effectively use this important tool to combat street and gang violence.”Saying that it makes “common sense” to alter the law, District Attorney Jonathan Blodgett said the move was originally advocated by the legislature, including Justice Ralph Gants, who said the law limits wiretapping to investigating organized crime. Because of that, electronic surveillance is not allowed to investigate street gangs.”Gangs are a threat to public safety and, since gangs and drug dealers are doing all of their business on cell phones, it (wiretapping) would be a very important tool to have,” Blodgett said. “It’s something we don’t have in state government, but the federal government does.”As far as any concerns over government intrusion, Coakley said her proposal addresses such issues. Blodgett, however, said he doesn’t believe there should be cause for concern.”Law enforcement will still have to get a court-ordered warrant, then show probable cause, have the judge issue the order and they, of course, have to be renewed and aren’t in place for a very long time, so I don’t see it as being intrusive,” he said. “I’m hoping it (law) happens soon because it is long overdue.”Blodgett, along with other Bay State DAs, is working alongside Coakley to get the law updated.The Massachusetts wiretap statute affords only a narrow window of exception to its prohibition of wiretapping, in contrast to the federal wiretap statute and the statutes of other states. The law was reportedly crafted with the Mafia in mind due to its level of organized crime, which is unlike current gangs that often disperse quickly.That law was tested in the case of a recent drive-by killing in Brockton, which involved a gang. The question of whether wiretapping would be appropriate was brought up and later ruled against by the Supreme Judicial Court (SJC).In the case, the SJC decision was determined that while street gangs that coordinate violent acts may qualify as organized criminal entities, a member of a group or gang, like any other citizen of Massachusetts, cannot be wiretapped unless law enforcement has a reasonable suspicion that the group has committed an offense of organized efforts to supply illicit goods or services.