IPFS News Link • Communications
Communications Between Spouses: Are They Privileged When Wiretapped?
• http://www.jdsupra.com, Cheryl ConnorsThe Court reasoned that the public policy of the N.J.R.E. 509 is to encourage free and open communication between spouses and that the State's contention that communications between husband and wife lose its privilege when intercepted by a wiretap would undermine the social policies of any privilege. The Court noted that if it had not been for the wiretap the communications would have remained privileged and the defendants could not have been compelled to disclose it. The Court concluded that a communication "does not lose its privileged character because it is intercepted by a wiretap."