Forfeiture – Hidden camera

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Where the defendant filed a motion for the return of seized property, including a device that appeared to be a ballpoint pen with a hidden camera that he had used to unlawfully photograph children in a state of nudity, all property may be returned to the defendant except the pen camera, given the manner it was previously used by him.

“… In the present case, the Commonwealth has not raised an objection to the return of the defendant’s camera and camcorder, but opposes the return of the pen camera. I take judicial notice of the fact that this device is designed so that it can be used to take pictures of people without the subject knowing or consenting to be photographed. Given the manner in which this device was used previously by the defendant, returning it to him would be scandalous and an affront to public sensibilities.”

Commonwealth v. Lugo (Lawyers Weekly No. 12-181-11) (2 pages) (Agnes, J.) (Worcester Superior Court) (Criminal No. 2010-00317) (Aug. 26, 2011).