{"id":9714,"date":"2013-12-10T07:17:58","date_gmt":"2013-11-03T09:05:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-03T09:05:53","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9714","title":{"rendered":"NJ: Internet \u201cgripe site\u201d not a news gathering source covered by the N.J. Subpoena First Act"},"content":{"rendered":"

An internet \u201cgripe site\u201d was not a conventional news gathering source covered by the N.J. Subpoena First Act. A search warrant was issued for his records, and he sued. Even if he were covered, suppression of evidence was not a remedy under the Act. Oettinger v. Township of Bedminster<\/a>, __ N.J. Super. __, 77 A.3d 1242 (2013):<\/p>\n

<\/p>\n

Although it was enacted in 1979, there are no published opinions that interpret or apply the Subpoena First Act, N.J.S.A. 2A:84A-21.9 to -21.13 (the Act),1 which has been described as “narrowly circumscrib[ing] the situations in which the State can properly search and seize materials acquired in the course of newsgathering.” In re Woodhaven Lumber and Mill Work, 123 N.J. 481, 491, 589 A.2d 135 (1991) (analyzing the Shield Law, N.J.S.A. 2A:84A-21 to -21.8); see also In re Subpoena Issued to Schuman, 114 N.J. 14, 24, 552 A.2d 602 (1989) (same). In this case, we consider the application of the Act to a suspect in a criminal investigation who asserted a claim to its protection based upon his status as an “internet publisher” after a search warrant was executed and his suppression motion was denied. We affirm the dismissal of plaintiff’s complaint against all defendants. As for his claims under the Act, we hold that plaintiff waived any claim to protection; that the officers here were not required to conduct an investigation to determine whether plaintiff was protected by the Act prior to seeking a warrant; and that, even if plaintiff had timely asserted his claim, he was not entitled to the Act’s protection because the materials sought were not obtained in the course of newsgathering activities.<\/p>\n

. . .<\/p>\n

This distinction is further evident in the nature of the remedy provided. If a search or seizure is conducted in violation of the Act, the aggrieved party may bring a civil action. N.J.S.A. 2A:84A-21.11. However, the Act does not provide for the suppression of evidence seized in violation of the statute.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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