NY High Court OKs Wiretap Evidence Despite Failure To Notify

Law360, New York (April 26, 2012, 6:54 PM EDT) -- New York’s highest court ruled Thursday that prosecutors can use wiretap evidence in certain cases even if they have violated New York state law requiring them to notify parties named in a surveillance warrant within 90 days of its expiration.

In a 5-2 vote in favor of the decision, the New York Court of Appeals found that although the penalty for such a violation would usually be to suppress the evidence received from the wiretap, the court found that in order to impose this penalty, a...
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