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STATE v. DYE

60 N.J. 518 (1972)

291 A.2d 825

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BENTLEY ANDREW DYE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 5, 1972.

Attorney(s) appearing for the Case

Mr. William J. Rohr, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. John A. Brogan, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

The opinion of the court was delivered by FRANCIS, J.

Defendant Dye was convicted of bookmaking. The evidence from which the conviction resulted arose primarily from a wiretap of a telephone on the premises where Dye was employed. At the trial he challenged the admissibility of the wiretap product alleging that it was obtained in violation of the New Jersey Wiretapping & Electronic Surveillance Act, N.J.S.A. 2A:156A-1 et seq., and of the Fourth Amendment...

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