New Jersey's Supreme Court is proposing an exception to the law that keeps conversations between a husband and wife private.
The court on Tuesday ruled in the case of an Ocean County couple whose calls and text messages were intercepted by wiretaps used by authorities investigating a drug trafficking network.
An appeals court overturned a lower court judge who found the conversations and texts were not confidential because they were overhead by law enforcement. The judge also discussed that the conversations aided in a crime.
The state's highest court sided with the appeals court that marital communication does not lose its privacy just because it's heard by wiretap.
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But the justices proposed that the Legislature create a crime-fraud exception when spouses are jointly involved in criminal activity.