4-21-08 (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.
