NJ Wiretap issues resulting from Relative Lack of Case Law

by | Mar 4, 2014 | Blog, Criminal Law, Legal Procedures

pay phone wiretappingThe use of wiretapping in Ocean and Monmouth counties of New Jersey was relatively rare until about seven years ago. Their use has gained considerable traction since then.

One superior court judge who was assigned his first wire case four years ago remarked at our first court date that he had not seen wiretaps since all those mob figures were locked up in the 80s.

In Ocean and Monmouth counties, I have seen it conducted continuously during the past seven years. Oftentimes, one investigation leads right into the next when an individual with a link to the target of the current investigation becomes the target in the next investigation.

There are relatively few published cases that address the myriad of issues that are unique to wiretap cases. The few court opinions that do exist were by and large published decades ago, before the advent of the cell phone and numerous other advances in the technology used by both the investigators and the targets of the investigations.

Relative Lack of Wiretapping Case Law

As a result of this relative lack of case law, there are wiretap issues in New Jersey that to this day have never been decided.

One issue that comes to mind relates to the service of “an inventory.” The inventory requirement of our voluminous wiretap statute states that certain persons whose conversations were intercepted are to be given notice that they were in fact monitored and recorded during a wiretap investigation. The requirement relates to alleged co-conspirators and innocent parties alike. Innocent parties can be anyone that you would expect a target of the investigation to speak to over the phone, including his grandmother, attorney, or the restaurant employee who picks up the phone when he orders take-out.

While most federal and state court jurisdictions do not require the suppression of evidence as a result of law enforcement’s failure to serve an inventory, at least one state, Connecticut, requires that all the evidence derived from the wiretap be thrown out of court if the inventory is not served. The Connecticut Court reasoned that before the State may use the fruits of its wiretap, it must follow the important dictates of the statute that permitted it to wiretap in the first place.

That approach is the only way to ensure the integrity of the wiretap statute and the functioning of the judiciary with respect to it. The case is Connecticut v. Formica, 3 Conn. App. 477 (Conn App. 1985).

New Jersey has not yet decided the inventory issue, along with scores of other issues.

Moreover, significant changes in the technology used by investigators and criminal targets alike, necessitate that the few issues that were decided decades ago should be reconsidered.

For an example of how technology has changed, look no further than the slew of published case cases involving the use of something referred to as a “public pay phone.”

photo credit: sparktography via photopin cc

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred completely exceeded all expectations with the result of my case.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
I love the insight! It helps to keep my kids out of troubel!
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Best criminal defense lawyer in ocean county!!
Austin A
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred helped me in a civil matter and was very attentive to my needs and responsive to my emails. Also very detail-oriented and timely. Highly recommend.
Kristen C
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
Will S
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great experience overall having Frederick P Sisto as my attorney. Sisto understands his client, very insightful and is an expert in his field. Truly a professional and marvelous individual.
Maybelin R
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic