LEO: Commonwealth's Attorney - Communicating  LE Op. 848

 

Commonwealth's Attorney - Communicating with Adverse Party.

 

October 9, 1986

 

It is improper for a commonwealth's attorney to communicate with an

uncharged suspect, who is represented by counsel, through the agency of

another suspect who tapes telephone conversations with the uncharged

suspect, without the consent of the attorney representing the uncharged

suspect.

 

It is improper for a commonwealth's attorney to arrange for the police

department to develop and implement a plan whereby a suspect would tape

telephone conversations with an uncharged suspect, without the consent of

the attorney representing the uncharged suspect. [ DR:1-102(A)(2), DR:

7-103(A)(1); LE Op. 550 and LE Op. 233]

 

Committee Opinion October 9, 1986