Married couple protected against wiretaps in drug-trafficking trial, N.J. court rules

(CBS/AP) TRENTON, N.J. - The phrase "pillow talk" was never mentioned, but a New Jersey state appellate court has ruled that prosecutors will not be allowed to use phone conversations and text messages caught by wiretaps in the case of a husband and wife accused of running a drug distribution network.

The couple's conversations were ruled to be privileged communications because they are married. That overturns a lower court ruling which said the communications were admissible because drug-trafficking conversations are not "worthy of protection."

The appellate court agreed in principle with the lower court, but said state laws don't provide for that "crime-fraud" exception.

Ocean County Prosecutor Joseph Coronato said his office will seek a review of the appellate court ruling, which was made public this week. He said that withholding evidence of crimes from a jury is an obvious detriment to the public.

But good for a marriage?