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IN RE WIRE COMMUNICATION

76 N.J. 255 (1978)

386 A.2d 1295

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

The Supreme Court of New Jersey.

Decided April 28, 1978.

Attorney(s) appearing for the Case

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

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Cohen and Mr. Marc J. Friedman, Assistant Prosecutor, on the brief).

Mr. Lewis J. Paper submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.

The opinion of the court was delivered by SCHREIBER, J.

We are called upon in this case to interpret the technical assistance provision of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-12. More particularly, the issue is whether under that provision a court may order a telephone company to trace a phone call so as to ascertain a phone number (and presumably the identity of the person calling from that number) from which...

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