{"id":54149,"date":"2023-01-28T11:19:35","date_gmt":"2023-01-28T16:19:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54149"},"modified":"2023-01-28T11:19:35","modified_gmt":"2023-01-28T16:19:35","slug":"nj-sdt-for-s-1a-and-other-claims-preserved","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54149","title":{"rendered":"NJ: SDT for S&#038;W records on use of its products in NJ was enforced; 1A and other claims preserved"},"content":{"rendered":"\n<p>Subpoenas for documents under the state Consumer Fraud Act about the ability of average consumers to use plaintiff\u2019s firearms for personal or home defense were enforceable under the Fourth Amendment. Plaintiff\u2019s claims under other amendments are preserved for later. <a href=\"https:\/\/www.njcourts.gov\/sites\/default\/files\/court-opinions\/2023\/a3292-20.pdf\">Platkin v. Smith &amp; Wesson Sales Co.<\/a>, 2023 N.J. Super. LEXIS 6 (Jan. 26, 2023)* (\u201cWe remain mindful that subpoenas must not be issued \u2018arbitrarily or in excess of \u2026 statutory authority \u2026.\u2019 Ibid. However, defendant has not presented anything beyond mere supposition and premature constitutional objections to support the proposition that plaintiffs&#8217; subpoena is not valid or overbroad in scope. [\u00b6] For the reasons set forth, we find Judge Alper did not abuse her discretion when she granted plaintiffs&#8217; motion to enforce its October 13, 2020 subpoena and denied defendant&#8217;s motion to stay, quash, or dismiss same.\u201d)<\/p>\n\n\n\n<p>The defendant officers\u2019 arrest of plaintiff for stalking was justified by the facts. The fact the criminal case was dismissed here doesn\u2019t show it wasn\u2019t justified. He was also on probation for harassment, and that led to a valid search of his computer and belongings. Ryno v. City of Waynesville, 2023 U.S. App. LEXIS 2004 (8th Cir. Jan. 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Subpoenas for documents under the state Consumer Fraud Act about the ability of average consumers to use plaintiff\u2019s firearms for personal or home defense were enforceable under the Fourth Amendment. Plaintiff\u2019s claims under other amendments are preserved for later. Platkin &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54149\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[114,20,81],"tags":[],"class_list":["post-54149","post","type-post","status-publish","format-standard","hentry","category-privileges","category-probable-cause","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54149","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=54149"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54149\/revisions"}],"predecessor-version":[{"id":54150,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54149\/revisions\/54150"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54149"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54149"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54149"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}