NJ Types of Crimes for Which Wiretapping May be Conducted

NJ Crimes for Wiretapping

Wiretapping involves secretly monitoring phone calls or electronic communications. While a powerful investigative tool, wiretapping also raises privacy concerns. New Jersey regulates wiretapping by only allowing its use for investigating certain types of crimes.

This article provides an overview of the crimes that can justify wiretapping in NJ. Understanding the legal limits on wiretaps is important for anyone potentially subject to electronic surveillance.

Federal Wiretap Laws

At the federal level, wiretapping by law enforcement is governed by a law called the Omnibus Crime Control and Safe Streets Act[1]. The law sets requirements such as:

• Obtaining a wiretap order from a judge
• Minimizing interception of non-pertinent communications
• Limiting surveillance duration

Federal wiretaps can be authorized for investigating any felony offense[2]. But state laws can be more restrictive.

New Jersey Wiretapping and Electronic Surveillance Act

In New Jersey, the use of wiretaps is regulated under the New Jersey Wiretapping and Electronic Surveillance Control Act[3]. This law is more limited than federal wiretap rules.

The NJ law prohibits all wiretapping by law enforcement except for certain designated offenses. These include[1]:

• Murder
• Kidnapping
• Human trafficking
• Sexual assault
• Robbery
• Drug crimes
• Gang crimes

So in New Jersey, law enforcement cannot get wiretap orders to investigate lower-level offenses. The crime must be one of the enumerated offenses to allow electronic surveillance.

Drug Crimes

One major category of crimes that permit wiretapping in NJ is drug offenses under the Comprehensive Drug Reform Act[4]. This includes crimes like:

• Manufacturing illegal drugs
• Distributing illegal drugs
• Dispensing illegal drugs
• Possessing illegal drugs with intent to distribute

Law enforcement frequently uses wiretaps to build conspiracy cases against drug trafficking rings. Intercepted calls can provide evidence of drug deals and transactions.

Racketeering Crimes

Under New Jersey law, wiretaps can also be used to investigate suspected criminal racketeering activity[1]. This includes crimes like:

• Loan sharking
• Money laundering
• Counterfeiting
• Extortion
• Bribery
• Gambling

Monitoring conversations related to these racketeering crimes can help officers uncover organized criminal enterprises.

Firearms Trafficking

Another specific crime where wiretaps are allowed in NJ is illegal firearms trafficking[1]. Wiretaps can be approved to investigate the unlawful purchasing, selling, or transporting of guns.

This includes interstate gun trafficking operations involving bringing firearms purchased out of state illegally into New Jersey.

Corruption and Official Misconduct

Wiretaps can also be used to investigate suspected public corruption and abuse of office crimes in New Jersey[1]. These offenses involving misconduct by officials include:

• Bribery
• Extortion
• Official misconduct
• Pattern of official misconduct
• Abuse of office

Monitoring conversations can help uncover quid pro quo deals and other hard-to-detect corruption.

Terrorism Offenses

While less common, wiretaps in NJ can also be authorized for suspected terrorism-related activities[5]. This includes offenses like:

• Material support for terrorism
• Terrorist training
• Use of a weapon of mass destruction
• Harboring a terrorist

However, critics argue these broad terrorism powers risk overreach and disproportionately target minority groups[6].

Child Pornography Crimes

In New Jersey, the use of wiretaps is permitted for investigating crimes related to child pornography and exploitation[1]. This includes offenses like:

• Possession of child pornography
• Distribution of child pornography
• Manufacturing child pornography
• Luring a child for illicit purposes

Intercepting electronic communications can help identify members of child exploitation networks.

Other Serious Felonies

Beyond the specific crimes listed above, New Jersey also allows wiretapping for any other offense punishable by over 1 year in prison that is “dangerous to life, limb or property”[1].

So serious violent or property felonies may also potentially justify electronic surveillance, even if not explicitly enumerated.

Restrictions on Wiretap Evidence

While wiretaps are allowed for investigating certain crimes, there are restrictions on using the results as evidence. Wiretap evidence may be suppressed if:

• The wiretap order was improperly obtained
• The surveillance exceeded the scope of the court order
• Conversations were intercepted illegally

Consult an attorney if you believe a wiretap violated your rights. They can review options to challenge admissibility.

Hiring a Lawyer if Charged from Wiretap

Being charged with crimes based on a New Jersey wiretap can be complex to fight. If you are accused of offenses like drug trafficking or corruption based on electronic surveillance, immediately retain a criminal defense lawyer.

An experienced attorney can scrutinize if the wiretap was lawful. They can also start building a defense strategy against the charges stemming from the intercepted communications.

Don’t wait – get experienced legal help right away if facing charges from a NJ wiretap investigation.