Kenneth Vercammen & Associates, P.C.
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Wednesday, May 21, 2008

State v. Shirley Reid

4-21-08 State v. Shirley Reid (A-105-06)

Pursuant to Article I, Paragraph 7, of the New Jersey
Constitution, the Court holds that citizens have a reasonable
expectation of privacy in the subscriber information they
provide to Internet service providers. Accordingly, the motion
to suppress by defendant Reid was properly granted because the
police used a deficient municipal subpoena. Law enforcement
officials can obtain subscriber information by serving a grand
jury subpoena on an Internet service provider without notice to
the subscriber. The State may seek to reacquire the information
with a proper grand jury subpoena because records of the
information existed independently of the faulty process used by
the police, and the conduct of the police did not affect the
information.