In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court authorized the use of electronic wiretaps, however, the Court listed several conditions that must be satisfied before wiretaps could be admitted into evidence. These conditions are as follows: (1) the speakers must be identified; (2) the device must be capable of taking the conversation or statement; (3) the operator of the device must be competent; (4) the recording must be authentic and correct; (5) no changes, additions or deletions can be made; and (6) in instances of alleged confessions, the statements must be elicited voluntarily and without any inducement. Driver, 38 N.J. at 287.

In this way, the judge can decide whether the wiretap “is sufficiently audible, intelligible, not obviously fragmented, and… whether it contains any improper and prejudicial matter which ought to be deleted.” Id. at 288. Before the State can rely on wiretap evidence, it must first satisfy the conditions for admissibility of these wiretaps under Driver.