Commonwealth v. Tavares, 945 N.E.2d 329

On May 21, 2007, Lima was murdered by drive-by gunfire in Brockton; a gray Chevrolet Malibu connected to Tavares, Hanson, and Ortega was identified and seized from rental records.
The informant recorded conversations with Tavares, via a concealed device worn by the informant, after the shooting.
The affidavit sought to intercept Tavares’s and Ortega’s oral communications as part of an ongoing investigation into a designated offense tied to organized crime.
The District Court issued a general warrant; the recordings captured at least two conversations involving inculpatory statements by Tavares.
A motion to suppress the surreptitious recordings was granted by the Superior Court prior to trial.
The Commonwealth sought appellate review; the Supreme Judicial Court affirmed the suppression ruling, holding no nexus to organized crime was shown for the one-party consent exception.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the one-party consent exception applies.	Tavares’s murder was tied to organized crime, satisfying the exception.	No sufficient nexus to organized crime; the affidavit shows only coordination, not ongoing enterprise.	No; no nexus to organized crime established; suppression affirmed.
Whether the warrant procedure satisfied § 99 E/F requirements.	Affidavit supported interception under designated offense in organized crime.	Warrant failed to meet § 99 F requirements; general warrant was improper.	Warrant procedure invalid; one-party interception not supported.
Whether murder qualifies as designated offense in connection with organized crime.	Murder is enumerated and connected to organized crime per preamble.	Evidence insufficient to show ongoing organized-crime enterprise.	Not proven; murder alone insufficient for organized-crime nexus.

Commonwealth v. Thorpe, 384 Mass. 271 (1981) (definitive limits on organized-crime wiretap under § 99 A)
Commonwealth v. Hyde, 434 Mass. 594 (2001) (restrictive approach to electronic surveillance; § 99 B)
Commonwealth v. Vitello, 367 Mass. 224 (1975) (requirements for warrant under § 99 E/F)
Commonwealth v. Blood, 400 Mass. 61 (1987) (secret recording without consent—narrow exceptions)
Commonwealth v. Long, 454 Mass. 542 (2009) (must show organized crime nexus or ongoing operation)
Commonwealth v. D’Amour, 428 Mass. 725 (1999) (organization/discipline as hallmarks of organized crime)
Commonwealth v. Lykus, 406 Mass. 135 (1989) (example of organized-crime nexus requiring ongoing operation)