State v. Yolanda Terry and Teron Savoy

As part of a criminal investigation, the State intercepted phone conversations and text messages between a husband and wife, pursuant to a court order. We must decide whether those communications are protected under the marital communications privilege.

Rule 509 of the Rules of Evidence embodies the State’s longstanding marital communications privilege. The rule provides that “[n]o person shall disclose any communication made in confidence between such person and his or her spouse.” N.J.R.E. 509. Underlying the privilege are the well-settled public policies to encourage spouses to share…