What Is Unlawful Under the Wiretap Statute?
The basic rule of the “New Jersey Wiretapping and Electronic Surveillance Control Act” FN1 is that the interception FN2 of wire, electronic or oral communications by means of any electronic, mechanical or other device is illegal. FN3 There are some exceptions to this basic rule which are set forth in N.J.S.A. 2A:156A-4 and those exceptions relating to law enforcement will be discussed in succeeding sections. FN4 In addition, there are a number of other exceptions to the basic rule which are not apparent. First, interception conducted without the use of any electronic, mechanical or other device, as defined in N.J.S.A. 2A:156A-2(d), is not within the purview of the statute. Therefore, interceptions accomplished through the use of an unaided ear are not prohibited. FN5 Second, N.J.S.A. 2A:156A-2(d)(1) exempts from the definition of “electronic, mechanical or other device” [any] telephone or telegraph instrument, equipment or facility, or any component thereof, furnished to the subscriber
