by Fred Sisto | Apr 9, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The wiretap statutes are infused with constitutional considerations, as identified in Berger and Katz. The Constitution sets the benchmark for a reasonable search: the use of a warrant based on probable cause. When a lesser...
by Fred Sisto | Apr 7, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: The Court next considers whether the requests for information in this appeal are subject to the enhanced privacy protections of the wiretap acts. The State argues the wiretap acts do not apply because the stored...
by Fred Sisto | Apr 5, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Federal law authorizes government entities to require disclosure of a communication “that is in electronic storage” for 180 days or less pursuant to a warrant, or that “has been in electronic storage” for more...
by Fred Sisto | Apr 3, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: Based on the language and structure of the relevant statutes, the State’s request for information from users’ accounts invokes heightened privacy protections. The nearly contemporaneous acquisition of electronic...
by Fred Sisto | Apr 1, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 29, 2023, the New Jersey Supreme Court decided the consolidated Mercer and Atlantic County cases of Facebook v. State of New Jersey. The principal issue before the Court concerned whether a wiretap order was required to compel Facebook to disclose user account...
