Opinion

State v. Catania

  • 85 N.J. 418
  • 427 A.2d 537
  • 1981 N.J. LEXIS 1594
Court
Supreme Court of New Jersey
Filed
Mar 16, 1981
Status
Published
Author
Pashman
On the bench
Wilentz, Pashman
Cited by
49 cases
Authority
More cited than 8.7%

Abrogated on other grounds by State v. Purnell, 161 N.J. 44 (1999)

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
    Supreme Court of New JerseyJul 7, 1999other groundsmedium confidenceRead it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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