New Jersey § 2a:156a-9
Full text of New Jersey New Jersey Statutes § 2a:156a-9, with citation guidance and answers to common questions.
§ 2a:156a-9.
Each application for an order of authorization to intercept a wire , electronic or oral communication shall be made in writing upon oath or affirmation and shall
state: a. The authority of the applicant to make such application; b. The identity and qualifications of the investigative or law enforcement officers
or agency for whom the authority to intercept a wire , electronic or oral communication is sought and the identity of whoever authorized the application. c. A particular statement of the facts relied upon by the applicant, including: (1)
The identity of the particular person, if known, committing the offense and whose
communications are to be intercepted; (2) The details as to the particular offense
that has been, is being, or is about to be committed; (3) The particular type of
communication to be intercepted; and a showing that there is probable cause to believe
that such communication will be communicated on the wire or electronic communication facilities involved or at the particular place where the oral communication is to be intercepted;
(4) Except as provided in subsection g. of this section, the character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication
is to be intercepted; (5) A statement of the period of time for which the interception
is required to be maintained; if the character of the investigation is such that
the authorization for interception should not automatically terminate when the described
type of communication has been first obtained, a particular statement of facts establishing
probable cause to believe that additional communications of the same type will occur
thereafter; (6) A particular statement of facts showing that other normal investigative
procedures with respect to the 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. Where the application is for the renewal or extension of an order, a particular
statement of facts showing the results thus far obtained from the interception, or
a reasonable explanation of the failure to obtain such results; e. A complete statement of the facts concerning all previous applications, known to
the individual authorizing and to the individual making the application, made to any
court for authorization to intercept a wire , electronic or oral communication involving any of the same facilities or places specified in
the application or involving any person whose communication is to be intercepted,
and the action taken by the court on each such application; f. Such additional testimony or documentary evidence in support of the application
as the judge may require ; and g. An application need not meet the requirements of paragraph (4) of subsection c.
of this section if: (1) with respect to the application for an interception of an oral communication: (a) the application is approved by the Attorney General or county prosecutor or a
person designated to act for such an official and to perform his duties in and during
his actual absence or disability; and (b) the application contains a full and complete statement as to why specification
is not practical and identifies the person committing the offense and whose communications
are to be intercepted; and (c) the judge finds that such specification is not practical. (2) with respect to the application for an interception of a wire or electronic communication: (a) the application is approved by the Attorney General or county prosecutor or a
person designated to act for such an official and to perform his duties in and during
his actual absence or disability; and (b) the application identifies the person believed to be committing the offense and
whose communications are to be intercepted and the applicant makes a showing of a
purpose, on the part of that person, to thwart interception by changing facilities;
and (c) the judge finds that such purpose has been adequately shown. An interception of a communication under an order issued in conformity with this subsection
shall not begin until the facilities from which, or the place where, the communication
is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communication service that has received an order
as provided for in this subsection may make a motion that the court modify or quash
the order on the ground that the provider's assistance with respect to the interception
cannot be performed in a timely or reasonable fashion. The court upon notice to the Attorney General or county prosecutor shall decide
such a motion expeditiously.
Frequently Asked Questions About New Jersey § 2a:156a-9
What does New Jersey Statutes § 2a:156a-9 cover?
Section 2a:156a-9 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:156a-9?
A common citation format is "New Jersey Statutes § 2a:156a-9" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:156a-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.