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Privacy

Our laws guarantee freedom from government intrusion into our personal space and personal lives. The ACLU-NJ works to strengthen privacy, especially as technology advances.

Legal Cases

  • State v. Hyman
    Amicus brief arguing that evidence of drug dealing away from a person’s home is insufficient to justify a search of the home.
  • State v. Jackson
    Amicus brief arguing that prosecutors must secure a warrant in order to obtain recorded jail calls.
  • State v. Manning
    Application of emergency exception to obtain cell phone records
  • State v. Hamlett
    Amicus brief in challenge to evidence obtained from one warrantless and one improper search.
  • State v. Gathers
    Amicus brief in challenge to the circumstances under which the state can collect DNA from someone in detention.
  • State v. Brian Farmer
    Amicus brief in challenge to the state's scope of consent to search cellphones.
  • Kean Federation of Teachers v. Morell, et al.
    Amicus brief in challenge to Kean University Board of Trustees violation of the Open Public Meetings Act ("OPMA") by not promptly releasing their closed session meeting minutes, as required by law, and by failing to give advance notice to university faculty that would be impacted by the closed session meeting.
  • State v. Lunsford
    Defending the warrant requirement to obtain telephone billling records
  • D.Y.F.S. v. Y.N.
    Mother determined to have neglected her child based solely on the fact that she underwent Methadone treatment during her pregnancy.
  • Richardson v. Wanaque
    Town has an unconstitutional juvenile curfew ordinance

Legislative Efforts

  • Drone Regulation
    Creates strong privacy protections for New Jerseyans regarding law enforcement agencies’ use of drones for surveillance purposes.
  • DNA Collection for Low-Level Offenses
    Requires law enforcement to collect DNA samples from adults and juveniles convicted of certain non-criminal disorderly person offenses, including shoplifting and marijuana possession. This type of expansive collection will lead to massive government databases of New Jerseyans’ DNA, raising enormous privacy and due process concerns.
  • Death with Dignity
    Affirms the right of terminally ill patients to self-administer physician-issued medication to end their lives in a dignified and medically-appropriate manner; contains safeguards to avoid coercion and ensure voluntariness and informed consent.
  • Exposure of Birth Parent Identities to Adoptees
    Grants adoptees and certain other persons access to original birth documents that would violate the confidentiality of the adoptee’s birth parents
  • Protection of Birth Parent Identities in Adoptee Records Access
    Provides adoptees access to original documents upon the consent of birth parents and establishes system for adoptee access to family medical history.
  • Exposure of Birth Parent Identities to Adoptees
    Grants adoptees and certain other persons access to original birth documents.
  • Drone Regulation
    Creates strong privacy protections for New Jerseyans regarding law enforcement agencies’ use of drones for surveillance purposes.
  • DNA Collection for Low-Level Offenses
    Requires law enforcement to collect DNA samples from adults and juveniles convicted of certain non-criminal disorderly person offenses.

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