No. 18-1321

Edward Ronald Ates v. Gurbir Grewal, Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2019-04-18
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment attorney-client-privilege civil-rights due-process federalism fourth-amendment interstate-communications jurisdictional-authority law-enforcement-surveillance out-of-state-interception phone-call-interception privacy state-jurisdiction wiretap-statute wiretapping
Key Terms:
CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Whether the New Jersey Wiretap Statute violates the Fourth Amendment by permitting law enforcement to intercept phone calls of out-of-state individuals without the knowledge or authority of a tribunal in the jurisdiction where the phones are registered

Question Presented (OCR Extract)

QUESTIONS PRESENTED L; Is the New Jersey Wiretap Statute, N.J.S.A. 2A:156A-1 et seq., unconstitutional because it permits law enforcement to intercept phone calls (both cell phone calls and land line calls) placed by and received by out-ofstate individuals who have no connection to New Jersey, without the knowledge of or the authority from a tribunal in the jurisdiction where such telephones are registered? Il. Was the Remedy, which was to suppress a privileged telephone call and all subsequent calls, imposed by the Trial Court for the illegally intercepted attorney-client privileged telephone call inadequate, in light of the fact that trial defense strategy was discussed during the improperly intercepted privileged telephone call?

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-23
Waiver of right of respondents Gurbir Grewal, Attorney General of New Jersey to respond filed.
2019-04-16
Petition for a writ of certiorari filed. (Response due May 20, 2019)

Attorneys

Edward Ates
Joseph Reinhart DonahueBrickfield & Donahue, Petitioner
Gurbir Grewal, Attorney General of New Jersey
Catherine A. FoddaiBERGEN COUNTY PROS. OFFICE, Respondent