Amicus brief addresses access to Facebook messenger exchanges. The New Jersey State Bar Association is seeking leave to participate in a matter before the state Supreme Court.

Facebook v. State of New Jersey. In a case of first impression for the Supreme Court, the NJSBA seeks amicus to analyze the proper support for a warrant to access Facebook Messenger or other similar electronic communications on a near-contemporaneous basis. In such cases where the communications sought are prospective in nature, the Association is advocating for a heightened showing similar to what is required for a wiretap order before the issuance of a warrant to capture such messages.

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