holding that rule announced excluding the results of a wiretap because of improper minimization should not be applied retroactively because to reopen cases, even on a limited basis, for detailed hearings on the reasonableness of the interception of each phone call during each wiretap would overwhelm the courts
How later courts described this case
- holding that rule announced excluding the results of a wiretap because of improper minimization should not be applied retroactively because to reopen cases, even on a limited basis, for detailed hearings on the reasonableness of the interception of each phone call during each wiretap would overwhelm the courts
- stating that "spot monitoring is highly persuasive evidence of a good-faith intention on the part of the monitors to minimize"
- finding specific legislative direction in N.J.S.A. 2A:156A-21 for suppression of all intercepted communications in the event of a minimization violation
- finding retroactive application unwarranted because police had justifiably relied upon an old practice sanctioned by rule and statute
Written by the judges who cited it.
Later courts went against this
Abrogated on other grounds by State v. Purnell, 161 N.J. 44 (1999)
85 N.J. 418, 429 (1981), abrogated on other grounds, State v. Purnell, 161 N.J. 44
The opinion
PASHMAN, J.,
concurring and dissenting in part.
For the reasons I have stated previously in State v. Carpen-tieri, 82 N.J. 546, 556 (1980) (Pashman, J., dissenting), and State v. Howery, 80 N.J. 563, 575 (Pashman, J., dissenting), cert. denied, 444 U.S. 994 , 100 S.Ct. 527 , 62 L.Ed.2d 424 (1979), I believe that the minimization standards established today in this case should be applied retroactively to cases pending direct review in our courts. I agree with the majority, however, that *449 these standards were not violated by the police conduct in this case. Accordingly, I vote with the majority to affirm the convictions of these defendants.
PASHMAN, J., concurring in the result.
For affirmance —Chief Justice WILENTZ and Justices SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER, HANDLER, and POLLOCK — 7.
For reversal —None.