The case turned on what type of warrant is needed: a communications data warrant or a wiretapping warrant, which is needed for electronic communications in transit and has tougher legal requirements.Essex County officials argued they were trying to access audio that had already been transmitted as opposed to live transmissions. The court agreed, ruling that law enforcement could use a data warrant.
According to Assistant Essex County Prosecutor Camila Garces, the court's ruling "ensures that the state can access electronic footprints when conducting a criminal investigation."
Defense attorney Lawrence Lustberg said that investigators should only have a right to see private message if they get a wiretap because they happen in real time. more