Supreme Judicial Court, April 24, 2013

An adult sibling may safeguard a child by giving vicarious consent under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2511(2)(d) (2006) (Federal wiretap statute), “where there is an adult sibling who is acting in good faith and in the best interests of a child, where the danger to the child is posed by a parent of the child's parent, and where, for that reason, a reasonable person in the sibling's position would have reason to fear that the child's parent may not act in the best interest of the child to protect the child from actual or potential harm.”