Landline and Cell Phone Wiretapping in Parsippany
Professional Defense for Clients Arrested After a Wiretap
Wiretaps are the most common method of electronic surveillance that police employ to monitor conversations. Of course, any use of wiretapping must adhere to strict guidelines for how and when communication can be intercepted.
New Jersey Wiretapping and Electronic Surveillance Control Act
The New Jersey Wiretapping and Electronic Surveillance Control Act outlines how the government can electronically intercept communications. The act defines an interception as an acquisition of any conversation – be it over wires, electronic mediums, or orally – by using any device.
The Wiretapping Process
In order to obtain a legal wiretap, the state or federal government must adhere to the rules outlined in the law. Generally, the process requires the wiretapping officer involved in the investigation to:
- Prepare an application based on the criminal activity at the center of the investigation
- Have the Attorney General or County Prosecutor review the application and authorize the investigating officer to seek approval for interception from a judge
- Wait for the judge’s determination of whether there is probable cause to believe that the person whose wires would be tapped is engaged in a criminal activity, and whether the wiretapping is targeting a source that the suspect is using in the alleged criminal activity
- Receive an Entry of an Order for the authorization required to surveil the particular landline or cell phone
Conversations Exempt from the New Jersey Wiretapping and Electronic Surveillance Control Act
There are certain conversations where the act does not apply. Examples of exempt communication includes:
- Conversations with the police
- Conversations where the other party consented to recording
- Recordings by a private person
- Routine recordings of police department and inmate phone calls
- Telephone company interceptions
Consequences of Noncompliance
If an individual is adversely impacted by an electronic interception, they have the right to file a Motion to Suppress the contents of the intercepted conversation. The recording could be deemed illegal if:
- Interception did not comply with the Order of Authorization
- Interception did not comply with the requirements of the law
- The interceptor used a defective or insufficient order to authorize the intercept
If any of these infractions occurred, the recording is deemed unlawful and is ineligible for use as evidence against the accused.
The Law Offices of Christopher G. Porreca, P.C. has extensive experience evaluating wiretap cases for misconduct. If you or a loved one was charged or arrested following a wiretap, reach out to our attorneys to discuss the case.
Contact The Law Offices of Christopher G. Porreca, P.C. online for a free consultation.