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IN RE IN-PROGRESS TRACE WIRE COMMUNICATION

138 N.J. Super. 404 (1975)

351 A.2d 356

IN THE MATTER OF AN IN-PROGRESS TRACE OF A WIRE COMMUNICATION TO BE MADE TO AND INTERCEPTED OVER TELEPHONE FACILITY NUMBER, ETC.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1975.

Attorney(s) appearing for the Case

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for appellant State of New Jersey (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney; Mr. John A. Matthews, III, Assistant Prosecutor, of counsel).

Mr. Thomas E. Walsh, Jr. argued the cause for respondent New Jersey Bell Telephone Company (Mr. Bernard M. Hartnett, Jr., attorney).

Before Judges ALLCORN, KOLE and GAULKIN.

The opinion of the court was delivered by E. GAULKIN, J.A.D. (retired), Temporarily Assigned.

The question before us is whether the New Jersey Bell Telephone Company (company) may be ordered by the court to make, at the expense of the State, an "in-progress trace" in aid of a telephone wiretap which is being conducted under a warrant issued pursuant to N.J.S.A. 2A:156A-1 et seq. (hereinafter, the wiretap...

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