The New Jersey Attorney Generals Office, which in a memo leaked to - TopicsExpress

The New Jersey Attorney Generals Office, which in a memo leaked to the Law Journal in June said it was looking for a test case it could take to the Supreme Court for a ruling that would allow prosecutors to obtain phone records without a warrant, has found its case. The office has superseded the Monmouth County Prosecutor in State v. Lunsford, a drug case where the defendant, Gary Lunsford, is fighting a subpoena of his Verizon cellphone records. Papers filed with the Monmouth court by Assistant Attorney General Ronald Susswein, the author of the leaked memo, say the Attorney Generals office came into Lunsfords case for the limited purpose of litigating whether the New Jersey Constitution allows prosecutors to use a grand jury subpoena duces tecum rather than a communications data warrant to obtain telephone connection records. Peter Aseltine, a spokesman for the Division of Criminal Justice, confirmed that Lunsford is a test case related to Susswein’s memo. Sussweins June 10 memo, addressed to county prosecutors, asked for their help in getting the Supreme Court to revisit State v. Hunt, a 32-year-old precedent requiring a warrant for telephone billing records. Read more: njlawjournal/id=1202674256574/AG-Test-Case-Seeks-Phone-Records-Without-a-Warrant#ixzz3GtsZuVIY

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