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White v. White - 344 N.J. Super. 211, 781 A.2d 85 (Super. Ct. 2001)

Rule:

The New Jersey Wiretap Act, N.J. Stat. Ann. §§ 2A:156A-1 to -34, applies when one spouse illegally records the communications of the other spouse.

Facts:

During their divorce proceedings, plaintiff husband moved to suppress the evidence that the defendant wife presented. Defendant discovered evidence of the husband’s infidelity from a family computer since the latter was still residing in the sunroom of the marital home.

Issue:

Does the New Jersey Wiretap Act bar the wife from presenting evidence of infidelity that she has discovered in the family computer inside their marital home?

Answer:

No.

Conclusion:

The court held that the defendant wife was an authorized user of the computer and the messages could not have been intercepted if they were already in post-transmission storage. She also had not invaded the husband's privacy, because he could not possibly have had an expectation of privacy in the sunroom, under the circumstances of the family's living arrangement

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