Gordon v. Borough of Middlesex

In Gordon v. Borough of Middlesex, 268 N.J. Super. 177, 632 A.2d 1276 (App.Div.1993), Gordon was a sergeant with the Middlesex Borough Police Department. During the investigation of a patrolman, two people arrived at police headquarters to speak to the investigating detective. When they arrived, Gordon did not ask their names, but went to the parking lot to obtain the license plate number from the car in which they arrived, and then accessed the computer to obtain the identity of the witnesses. He gave the information to the patrolman who was the target of the investigation. Gordon, 268 N.J. Super. at 180, 632 A.2d 1276. Charges were brought against Gordon for official misconduct, obstructing the administration of law and wrongful access to a computer system. A jury acquitted him of all charges. In addressing whether he was entitled to counsel fees to defend the charges, we concluded that although obtaining the names of witnesses was within Gordon's duties, whether his use of the computer was for a lawful purpose or his own purpose was a factual issue. Id. at 183, 632 A.2d 1276. The Court remanded for a determination whether the information was obtained for his personal use, thereby prohibiting him from recovering under N.J.S.A. 40A:14-155. Id. at 186, 632 A.2d 1276.