State V. Reid - Opinion of The Court - IV. Consequences of Violating ISP Subscriber Privacy

IV. Consequences of Violating ISP Subscriber Privacy

Citing State v. Lee, the court held that “evidence discovered, directly or indirectly, as a result of a constitutional violation must be suppressed" under the exclusionary rule. Expanding the subscriber rights established in the Wiretap Act, the court held that a subscriber whose records had been wrongfully obtained has the right to bring a motion to suppress.

Though the court held that the suppression of the evidence would be fatal to the indictment in its current form, it found that the State could go forward by moving to dismiss the indictment, re-serving Comcast with a grand jury subpoena, and seeking a new indictment. Unlike the information revealed through coerced confessions, the information contained in subscriber records is not permanently corrupted by police misconduct. As a result, the information may be re-obtained following the proper judicial procedures.

Read more about this topic:  State V. Reid, Opinion of The Court

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