New Jersey § 2a:156a-10

§ 2a:156a-10.

Upon consideration of an application, the judge may enter an ex parte order, as requested

or as modified, authorizing the interception of a wire , electronic or oral communication, if the court determines on the basis of the facts submitted

by the applicant that there is or was probable cause for belief that: a. The person whose communication is to be intercepted is engaging or was engaged

over a period of time as a part of a continuing criminal activity or is committing,

has or had committed or is about to commit an offense as provided in section 8 of P.L.1968, c. 409 ( C. 2A:156A-8 ) ; b. Particular communications concerning such offense may be obtained through such

interception; c. Normal investigative procedures with respect to such offense have been tried and

have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous

to employ; d. Except in the case of an application meeting the requirements of subsection g. of

section 9 of P.L.1968, c. 409 ( C. 2A:156A-9 ), the facilities from which, or the place where, the wire , electronic or oral communications are to be intercepted, are or have been used, or are about

to be used, in connection with the commission of such offense, or are leased to, listed

in the name of, or commonly used by, such individual; e. The investigative or law enforcement officers or agency to be authorized to intercept

the wire , electronic or oral communication are qualified by training and experience to execute the interception

sought; and f. In the case of an application, other than a renewal or extension, for an order

to intercept a communication of a person or on a facility which was the subject of

a previous order authorizing interception, the application is based upon new evidence

or information different from and in addition to the evidence or information offered

to support the prior order, regardless of whether such evidence was derived from prior

interceptions or from other sources. As part of the consideration of an application in which there is no corroborative

evidence offered, the judge shall inquire in camera as to the identity of any informants

or any other additional information concerning the basis upon which the investigative

or law enforcement officer or agency has applied for the order of authorization which

the judge finds relevant in order to determine if there is probable cause pursuant

to this section.