New Jersey § 2a:156a-4

§ 2a:156a-4.

a. It shall not be a violation of any provision of P.L.1968, c. 409 ( C.2A:156A-1 et seq. ) for a person acting under color of law to intercept the wire or electronic communications

of a suspected computer trespasser transmitted to, through, or from a computer or

any other device with Internet capability, if: (1) the owner or operator of the computer or other device authorizes the interception

of the computer trespasser's wire or electronic communications on the computer; (2) the person acting under color of law is lawfully engaged in an investigation; (3) the person acting under color of law has reasonable grounds to believe that the

contents of the computer trespasser's wire or electronic communications will be relevant

to the investigation; and (4) such interception does not acquire communications other than those transmitted

to or from the computer trespasser. b. For purposes of this section, “ computer trespasser ” means a person who accesses a computer or any other device with Internet capability

without authorization and thus has no reasonable expectation of privacy in any communication

transmitted to, through, or from the computer or other device. The term “ computer trespasser ” does not include a person known by the owner or operator of the computer or other

device with Internet capability to have an existing contractual relationship with

the owner or operator of the computer or other device for access to all or part of

the computer or other device. c. Any aggrieved person in any trial, hearing, or proceeding in or before any court

or other authority of this State may move to suppress the contents of any wire or

electronic communication intercepted in accordance with subsection a. of this section,

or evidence derived therefrom, on the grounds that the communication was unlawfully

intercepted or the interception was not made in conformity with the provisions of

this section. The motion shall be made at least 10 days before the trial, hearing, or proceeding

unless there was no opportunity to make the motion or the moving party was not aware

of the grounds for the motion. Motions by coindictees are to be heard in a single consolidated hearing. The court, upon the filing of such motion by the aggrieved person, shall make available

to the aggrieved person or his counsel for inspection such portions of the intercepted

communication, or evidence derived therefrom, as the court determines to be in the

interests of justice. If the motion is granted, the entire contents of all intercepted wire or electronic

communications obtained during or after any interception which is determined to be

in violation of P.L.1968, c. 409 ( C.2A:156A-1 et seq. ) or evidence derived therefrom, shall not be received in evidence in the trial, hearing

or proceeding. In addition to any other right to appeal, the State shall have the right to appeal

from an order granting a motion to suppress upon certification to the court that the

appeal is not taken for purposes of delay. The appeal shall be taken within the time specified by the Rules of Court and shall

be diligently prosecuted.