07-13-09 STATE V. FINESMITH A-4543-07T4
The State sought a communications data warrant for a oneyear
period to establish a pattern of use in anticipation of the
defense that another member of the household was responsible for
downloading child pornography. The trial judge granted the CDW
but restricted it to the two-week period prior to the date of
the last download of the prohibited matter.
Held: No reasons were given by the court for the two-week
restriction other than the conclusion that the one-year period
sought by the State was "excessive." We reversed, finding that
the court's decision was arbitrary and unnecessarily restrictive
of the State's right of investigation.
Richard Sadowski
Assistant Editor
