Nevada Prosecutors Seek Broader Subpoena Power

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
A bill to enable law enforcement agencies to subpoena utility bills and phone records drew criticism Tuesday from both ends of the political spectrum.

Senate Bill 51, sought by the Nevada Department of Public Safety, would allow investigators to issue a subpoena to a utility or phone company to get a suspect's name, address, date of birth, Social Security number or passport number. Current law only allows for subpoenas seeking name and address from a utility.

Scott Jackson, chief of the investigation division for the Department of Public Safety, told members of the Senate Judiciary Committee the expanded authority would help law enforcement ensure they are investigating the correct target.

"If we serve a subpoena on a utility company and are provided the name, for instance, James Smith at an address of 123 Jones Street, that doesn't necessarily positively identify that individual for us."

"This information is very helpful to positively identify that individual in the course of the investigation so that we're sure we have the right person," Jackson said. "In this nature of identity theft and terrorism, it's very difficult at times to appropriately and properly identify individuals."

The proposed bill would allow investigators to look at utility usage records, which could help them identify people involved in indoor marijuana cultivation.

"Excessive power usage, kilowatt usage is an indicator to us that there may be criminal activity afoot and through further investigation or corroboration, we can apply for a search warrant for the residence."

He said subpoenas could not be issued without "reasonable suspicion" of criminal activity.


News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: RGJ.com
Author: Guy Clifton
Copyright: 2009 Reno Gazette-Journal
Contact: www.rgj.com | Reno Contact Us | Reno Gazette-Journal
Website: Nevada prosecutors seek broader subpoena power | www.rgj.com | Reno Gazette-Journal
 
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