×
You've used up your 3 free articles for this month. Subscribe today.
New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded
by Douglas Ankney
The Supreme Court of New Jersey held that the right of privacy under Article 1,Paragraph 7, of the New Jersey Constitution protects recorded calls made on a police stationhouse telephone from warrantless seizure in the absence of fair notice that the conversation is being monitored or recorded, ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
- “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
- Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
- You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
- Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
- The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
- New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
- Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
- Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
- Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
- Rethinking the ‘Sex Offender’ Label, by Derek Logue
- North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment, by Anthony Accurso
- California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
- California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
- Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
- California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test, by Anthony Accurso
- Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, by David Reutter
- U.S. Sentencing Commission Creates New Sentencing Tool for Judges, by Dale Chappell
- California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
- Who Defends the Public Defenders?, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing, by Matthew Clarke
- The Long-Term Effects of 9/11: Naturally, More Surveillance, by Jayson Hawkins
- Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, by Douglas Ankney
- Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, by Douglas Ankney
- Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC, by Douglas Ankney
- Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful, by Anthony Accurso
- Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed, by Anthony Accurso
- First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction, by Anthony Accurso
- Unchecked Federal Use of Facial Recognition Tech, by Anthony Accurso
- Is Orange County’s DNA Collection Scheme Really Voluntary?, by Jayson Hawkins
- Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years, by Dale Chappell
- Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial, by Douglas Ankney
- Cop Gets Money for Nothing, Awards for Free, by Edward Lyon
- Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota, by Douglas Ankney
- Microbiome: The Latest in Cutting Edge Forensics, by Michael Fortino, Ph.D
- Secret CBP Teams New DHS Weapon of Mass Surveillance, by Jayson Hawkins
- Biden’s DOJ Targets Police Misconduct, by Dale Chappell
- Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House, by Matthew Clarke
- Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance, by Anthony Accurso
- Marijuana Arrests Keep Dropping
- News in Brief
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Michigan Judge Sued for Jailing Teen Who Nodded Off While Watching in Court, March 1, 2025. Witnesses, Privacy Act/Rights, Judicial Disqualification/Misconduct.
- Los Angeles County Makes Jail Phone Calls Free, June 1, 2024. Telephones, Telephone Rates.
- Florida County Makes Free Jail Phone Calls Available, April 1, 2024. Telephones, Telephone Access, Telephone Rates, Securus.
- Massachusetts Becomes the Fifth State to Make Prison Phone Calls Free, March 1, 2024. Telephones, Telephone Access, Private Phone Contractors.
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.
- Sheriffs Offered Caribbean Cruises and Florida Retreats As Part Of Jail Telecom Contracts, Sept. 15, 2023. Seizure of Prisoner Funds, Telephones, Telephone Rates, Private Phone Contractors.
- New Service Highlights Cellphone Privacy Issues, Sept. 1, 2023. Searches - Cellphones/Computers/Internet, Electronic Communictions Privacy Act, Privacy Act/Rights.
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, May 15, 2023. Warrantless Searches, Privacy Act/Rights, Drug Laws/Offenses.
- FBI’s Anti-Encryption Campaign Sparks Controversy, May 6, 2023. FBI, Electronic Communictions Privacy Act, Privacy Act/Rights.
- Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense, March 15, 2023. Privacy Act/Rights, Juvenile Offenses/Offenders, Minors.