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STATE v. CATANIA

85 N.J. 418 (1981)

427 A.2d 537

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NICHOLAS CATANIA, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LOUIS GATTO, JR., DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK P. ELIA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 16, 1981.

Attorney(s) appearing for the Case

Priscilla J. Triolo argued the cause for appellants (Walsh, Sciuto & Dimin, attorneys for Nicholas Catania; William J. DeMarco, attorney for Louis Gatto, Jr.; Edward G. O'Byrne, attorney for Frank P. Elia).

Robert Rochford, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; John DeCicco, Assistant Attorney General, Daniel Louis Grossman and Robert Rochford, Deputy Attorneys General, of counsel and on the brief).

The opinion of the Court was delivered by WILENTZ, C.J.

In this case we are called upon to interpret the minimization provision, N.J.S.A. 2A:156A-12(f), of New Jersey's Wiretapping and Electronic Surveillance Control Act ("Wiretap Act"). That provision requires those charged with monitoring the wiretap to make reasonable efforts to "minimize or eliminate the interception" of conversations other than those they have been authorized to overhear. This provision...

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