State v. Sullivan

The opinion of the court was delivered by

GAULKIN, P.J.A.D.

The State appeals by leave granted {R. 2:2-4) from an order suppressing certain “wiretap tapes, logs and evidence derived therefrom.” The questions raised are (1) whether section 14 of the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.) was violated when the *360State failed to record 62 calls intercepted during a 27-hour period its primary cassette recorder was malfunctioning and (2) if so, whether that violation of the statute requires or justifies suppression of all recordings made after the…