Category Archives: Subpoenas / Nat’l Security Letters

W.D.Va.: Use of a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for CP doesn’t violate 4A

The government used a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for child pornography. Use of § 1509 didn’t violate the Fourth Amendment, and there’s no exclusionary rule for violation anyway. Defendant’s claim that the … Continue reading

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W.D.Okla.: DOJ subpoena issued under the Right to Financial Privacy Act was “relevant to [a] law enforcement inquiry”

A DOJ subpoena issued under the Right to Financial Privacy Act of 1978, 12 U.S.C. §§ 3401-3422 (“RFPA”). “Having carefully reviewed the United States’ detailed response, the Court finds that there is a reasonable belief that the records sought are … Continue reading

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D.S.D.: Issuance of a state’s prosecutor’s subpoena for an ulterior motive states a claim

A state AG’s subpoena was issued for a prisoner’s medical records, but not in a criminal investigation. Enough cases, especially in this circuit, hold there is a reasonable expectation of privacy in medical records to overcome qualified immunity. In addition, … Continue reading

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E.D.N.Y.: Gov’t doesn’t satisfy burden for gag order re grand jury subpoena for email records

The government’s conclusory statement in a grand jury subpoena that a gag order was needed is inadequate to satisfy the requirement of the Stored Wire and Electronic Communications and Transactional Records Access, 18 U.S.C. § 2701 et seq. In re … Continue reading

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D.Nev.: Application for gag order against GJ witnesses was insufficient

An application for a gag order against grand jury witnesses was insufficient. “The application as currently submitted fails to establish sufficient grounds for a non-disclosure order. First, a particularized showing of need has not been made and, instead, the application … Continue reading

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PA: Even if HIPAA violated (it wasn’t), there’s no exclusionary remedy

Defendant’s medical records from the state he was extradited from were not unlawfully obtained under HIPAA or the Uniform Act for Obtaining Witnesses from Without State. A “subpoena” under the act includes subpoenas duces tecum. Moreover, even if HIPAA had … Continue reading

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TX13: If a motion to suppress was made under McNeely it would have been granted; def received IAC

Defense counsel’s misapprehension of the application of McNeely to blood test results was ineffective assistance of counsel. If a motion to suppress had been made, it would have been granted. Briggs v. State, 2017 Tex. App. LEXIS 10891 (Tex. App. … Continue reading

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CNET: Microsoft drops suit over Justice Dept.’s secret data requests

CNET: Microsoft drops suit over Justice Dept.’s secret data requests by Steven Musil: The move comes after the Justice Department says it would scale back demands for customer data without their knowledge. WaPo: Justice Department moves to end routine gag … Continue reading

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WaPo: When is a Facebook ‘like’ a crime?

WaPo: When is a Facebook ‘like’ a crime? by Ann E. Marimow: The U.S. attorney’s office for D.C. told a judge Friday that the government has ‘little interest’ in obtaining the names of thousands of people who ‘liked’ the Facebook … Continue reading

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Fortune: How the Justice Department’s Facebook Subpoenas Threaten Free Speech

Fortune: How the Justice Department’s Facebook Subpoenas Threaten Free Speech by Aziz Hug: In recent months, the U.S. Justice Department has issued subpoenas against Facebook and web host DreamHost for records of thousands, perhaps millions, of citizens who expressed interest … Continue reading

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E.D.N.Y.: Under SCA, govt has to show disclosure of inquiry to target “will” hamper investigation, not just “may”

The gag order provisions of the SCA requires the government show that disclosure “will” hamper the investigation, but the government only showed “may,” and that’s not enough. Denied without prejudice to show “will.” In re Grand Jury Subpoena, 2016 U.S. … Continue reading

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D.Utah: DEA SDT to Utah’s prescription database was reasonable and didn’t offend 4A; state law requires SW for access

The DEA, via authority of the AG, issued an administrative subpoena under 21 U.S.C. § 876(a) to the Utah prescription drug database for information on a particular user. Utah statute required a search warrant. The state and intervenors showed standing … Continue reading

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