New Jersey law enforcement have a history of heavy reliance on electronic surveillance dating back to the 1960s. Because our Wiretap Act is closely modeled after the Title III federal statute, our courts look to both federal and state precedent for guidance. Yet, there are surprisingly few federal or state cases that address the issues that can make or break a wire case.Moreover, most of the binding cases were contested before significant advancements in technology regarding smartphones and the equipment used by the police to intercept electronic communications. Thus, even the cases that do exist need to be re-examined in light of the vast changes in how the police monitor targets and how targets communicate.With New Jersey’s “Leader”, racketeering, and extended term statutes, the stakes in wire cases are exceedingly high. Targets most often face life in prison and hundreds of thousands of dollars in penalties. With a relative lack of case law and rapidly-changing technology, being informed and being creative are the cornerstones to successfully defending and prosecuting these cases.

At this compelling lunchtime webinar, two criminal trial attorneys with significant wire experience will discuss the keys to understanding electronic surveillance cases. Topics include everything from law enforcement’s initial request for a Communications Data Warrant (CDW) and Wiretap Order, to pretrial motions, to wiretap trials and appeals.

NJ CLE:This program has been approved for 2.0 credits (50 minute hour).

Trial Attorney Certification: 2.0 criminal credits

NY CLE (t&nt): 2.0 professional practice credits