State v. Diaz

The opinion of the court was delivered by

STERN, J.A.D.

We granted leave to appeal to consider the admissibility of a videotape, which includes a sound recording, made by parents in their own home of the conduct of their child’s daytime “nanny.” We now affirm the denial of defendant’s motion to suppress. In so doing, we recognize that a violation of the New Jersey Wiretapping and Electronic Surveillance Control Act (“the Wiretap Act” or “the Act”), N.J.S.A 2A:156A-1 to -34, may require that evidence be suppressed even in the absence of a state or federal constitutional violation or the ability…