NCJ Number
44818
Journal
Criminal Justice Quarterly Volume: 5 Issue: 3 Dated: (SUMMER 1977) Pages: 46-51
Date Published
1977
Length
6 pages
Annotation
STATUTORY PROVISIONS AND ADMINISTRATIVE SAFEGUARDS INTRODUCED IN NEW JERSEY TO ENSURE AGAINST PROSECUTORIAL EXCESSES IN THE AREA OF ELECTRONIC SURVEILLANCE ARE DISCUSSED.
Abstract
NEW JERSEY'S STATUTORY SCHEME, DESCRIBED AS THE STRICTEST ELECTRONIC SURVEILLANCE LEGISLATION IN THE UNITED STATES, EXCEEDS THE FEDERAL MINIMUM STANDARDS IN A NUMBER OF RESPECTS, INCLUDING THE DURATION OF WIRETAP ORDERS, THE LIMIT ON RENEWABILITY OF SUCH ORDERS, AND THE ELIMINATION OF SURVEILLANCE OVER EXTRANEOUS CONVERSATIONS. IN ADDITION, SELF-IMPOSED ADMINISTRATIVE GUIDELINES MAKE CERTAIN THAT BOTH THE LETTER AND SPIRIT OF CONSTITUTIONAL AND STATUTORY MANDATES WITH REGARD TO SURVEILLANCE ARE UPHELD. SEVERAL ASPECTS OF NEW JERSEY'S WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT AND ITS ENFORCEMENT ARE SIGNIFICANT: (1) THE USE OF ELECTRONIC SURVEILLANCE IS HIGHLY CIRCUMSCRIBED, WITH WARRANTLESS WIRETAPPING RECOGNIZED AS GROUNDS FOR STIFF CRIMINAL AND CIVIL SANCTIONS; (2) ELECTRONIC SURVEILLANCE MAY BE CONDUCTED ONLY AS A LAST RESORT IN THE INVESTIGATION OF A SELECT FEW CRIMES; AND (3) THE HIGH COST OF WIRETAPPING ACTS AS A BUILT-IN FINANCIAL DISINCENTIVE FOR THE USE OF ELECTRONIC SURVEILLANCE. A NUMBER OF ADMINISTRATIVE PRACTICES -- ONGOING REVIEWS OF DEVELOPMENTS IN STATE AND FEDERAL WIRETAP LAW, REPORTING REQUIREMENTS, CHAINS OF COMMAND FOR SCREENING WIRETAP APPLICATIONS -CIRCUMSCRIBE THE USE OF ELECTRONIC SURVEILLANCE IN NEW JERSEY. IT IS POINTED OUT THAT NO MAJOR PROSECUTION BASED ON WIRETAP OR MICROPHONE SURVEILLANCE EVIDENCE HAS BEEN LOST BY THE STATE. STATISTICS FOR 1974, 1975, AND 1976 ON THE PERCENTAGE OF INTERCEPTED CONVERSATIONS PROVIDING EVIDENCE OF CRIMINAL ACTIVITY REFLECT GROWING TECHNICAL SOPHISTICATION ON THE PART OF STATE OFFICIALS AND INCREASED SENSITIVITY TO THE NEED TO PROTECT FOURTH AMENDMENT VALUES.