Procedural History
Upon her indictment, Reid filed a motion to suppress the evidence obtained by means of the municipal subpoena on grounds that the subpoena was an unconstitutional violation of Reid’s “right to be free from unreasonable searches and seizures.” The trial court granted this motion.
The New Jersey Superior Court Appellate Division affirmed, finding the subpoena invalid for three reasons: 1) it was issued without connection to any judicial proceeding; 2) it was returnable the day it was issued; and 3) the Municipal Court did not have the jurisdiction to issue subpoenas related to an indictable offense. Though the Appellate Division found a protected privacy interest in ISP subscriber information, it did not set a clear standard for the judicial process by which such information could properly be obtained by law enforcement.
The State appealed the Appellate Division’s ruling to the New Jersey Supreme Court.
Read more about this topic: State V. Reid, Case Background
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