A man serving life for murder is asking the New Jersey Supreme Court to declare the state’s wiretap law unconstitutional because it allows police here to listen in on interstate conversations.

The question, attorney Walter Lesnevich told the court on Tuesday, is which judge should decide whether a phone tap is warranted—the judge where the call takes place or the judge where the wiretappers are. “It’s always been where the phone is,” he said.

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