People v. Basilicato

OPINION OF THE COURT

Meyer, J.

A warrant authorizing the tapping of a telephone line permits the monitoring of conversations carried on over the *111telephone but not the monitoring of conversations carried on within the home in which the telephone is located which become audible to the monitoring officers when the telephone receiver is taken off the hook, not for the purpose of engaging in a telephone conversation but to avoid interruption by incoming calls. Nor does the wiretap warrant justify the bugging of such conversations on a “plain view” rationale, absent amendment of the warrant or…