JATWAN DERRICK BOSTON v. STATE OF MARYLAND
Court of Special Appeals, Eyler, Dec. 20, 2017,
Wiretap

Facts:
In November, 2014, three masked men broke into Steven Matthews’ house in Catonsville, held him at gunpoint, tied him up, and hit him as they ransacked the house. Five minutes later, Boston entered the house and started taking items. Matthews recognized Boston from the neighborhood.
Boston put a gun to Matthews’ head and pulled the trigger, but it failed to fire. Boston then directed Grant (another of the armed men present) to kill Matthews and Grant shot Matthews in the back of the head. Matthews managed to break free and started fighting with Grant. Grant shot Matthews two more times in the head.
The four attackers then fled and got into Matthews’ car in an attempt to leave the scene.
Matthews walked outside to get help at which point Boston and another assailant got out of the car and started attacking Matthews again. Grant shot Matthews several more times, including another shot to the head.
The assailants then fled in Matthews’ car.
Matthews, somehow still alive, got to the neighbor’s house and called 911.
Matthews was taken to a hospital and spoke with investigators, telling police that Boston had attacked him. Matthews was able to pick Boston out of a photo line-up.
The next day, Boston’s brother made a jail call from Baltimore County Detention Center to his girlfriend. At the beginning of the call, an automated recording announced that “this call will be recorded and subject to monitoring at any time.” Boston’s brother then had the girlfriend three-way Boston into the call.
During the conversation, Boston alluded to Matthews having been shot multiple times, including several times in the head, and yet surviving. Boston noted that Matthews was talking to the police “saying the name” of the person that shot him. Boston also said that he “might be out of town for a little bit” and would be changing phone numbers.
A few days later, police located Boston and Grant in a car in Baltimore City. They were arrested for the attempted murder and a Colt .45 was recovered from the waistband of Boston’s sweatpants. A .32 was recovered from where Grant had been sitting in the car.
At trial, prosecutors used the jail call as evidence of Boston’s consciousness of guilt.
Boston was convicted by a Baltimore County jury of attempted murder, armed robbery, first-degree burglary, and related crimes.
Boston appealed, arguing that the jail call was an illegal wire tap, that the gun seized during the arrest should not have been allowed in evidence, and that chain of custody for a jacket was improper.

Held: