Category Archives: Subpoenas / Nat’l Security Letters

TX8: Defense subpoena to complaining witness for cell phone dump wasn’t authorized by statute

A defense subpoena to the complaining witness seeking a cell phone dump was beyond the powers of the statute authorizing the subpoenas. A conditional writ of mandamus granted. In re State, 2020 Tex. App. LEXIS 2192 (Tex. App. – El … Continue reading

Posted in Cell phones, Consent, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on TX8: Defense subpoena to complaining witness for cell phone dump wasn’t authorized by statute

Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

The defense sought murder victims’ social media account content, and the trial court refused to quash a subpoena which was challenged under the Stored Communications Act. The materials by statute would have to be produced in camera. As an alternative … Continue reading

Posted in Probable cause, Social media warrants, Staleness, Subpoenas / Nat'l Security Letters | Comments Off on Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

Cal.4: SDT for financial records in a pollution investigation to properly assess penalty was reasonable

The state’s subpoena for records in a pollution investigation were statutorily based, within the agency’s jurisdiction, and reasonable in scope. Here, the records were financial, and it was for imposing a reasonable penalty. The subpoena also did not violate a … Continue reading

Posted in Administrative search, Subpoenas / Nat'l Security Letters | Comments Off on Cal.4: SDT for financial records in a pollution investigation to properly assess penalty was reasonable

Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules

Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules by Brendan Parets:

Posted in Privileges, Subpoenas / Nat'l Security Letters | Comments Off on Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules

N.D.Cal. & W.D.Wash.: Summons in IRS Bitcoin investigation should be limited as to years covered

The IRS summons in a cryptocurrency investigation, the government satisfied the Powell standard with the exception of a proper time limitation on the years covered. Similar is Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, … Continue reading

Posted in Standards of review, Subpoenas / Nat'l Security Letters | Comments Off on N.D.Cal. & W.D.Wash.: Summons in IRS Bitcoin investigation should be limited as to years covered

CA3: Nondisclosure order of GJ subpoena and later SW under SCA was reasonable based on GJ secrecy

A court order to not disclose the existence of a grand jury subpoena for records under the Stored Communications Act led to a search warrant for additional data. The order to not disclose is based on grand jury secrecy, and … Continue reading

Posted in Gag orders, Subpoenas / Nat'l Security Letters | Comments Off on CA3: Nondisclosure order of GJ subpoena and later SW under SCA was reasonable based on GJ secrecy

techdirt: Documents Show The FBI Is Targeting Financial Institutions, Credit Reporting Agencies, And Universities With NSLs

techdirt: Documents Show The FBI Is Targeting Financial Institutions, Credit Reporting Agencies, And Universities With NSLs by Tim Cushing (“We’ve written several times before about the FBI and its unnatural love for National Security Letters. NSLs make the FBI tick. … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on techdirt: Documents Show The FBI Is Targeting Financial Institutions, Credit Reporting Agencies, And Universities With NSLs

The Federalist: DOJ Lawsuit Demands Names Of All People Who Use This App For Their Gun

The Federalist: DOJ Lawsuit Demands Names Of All People Who Use This App For Their Gun by Kyle Sammin:

Posted in Subpoenas / Nat'l Security Letters | Comments Off on The Federalist: DOJ Lawsuit Demands Names Of All People Who Use This App For Their Gun

VT: Inquest subpoena for video of police involved shooting is a public record

A television station sought access to a video of a police involved shooting produced before an inquest. The record is presumptively an open record. “The pivotal question in this case is whether a trial-court order granting a motion to quash … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on VT: Inquest subpoena for video of police involved shooting is a public record

CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory … Continue reading

Posted in Administrative search, Qualified immunity, Subpoenas / Nat'l Security Letters | Comments Off on CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

D.Colo.: MMJ facility subject to IRS summons for back taxes can’t show summons was unreasonable

Petitioner is a medical marijuana facility under investigation by the IRS for selling product in violation of state law and not paying the taxes on it. (This was for tax years pre-recreational sales.) The IRS showed that the summonses were … Continue reading

Posted in § 1983 / Bivens, Probable cause, Subpoenas / Nat'l Security Letters | Comments Off on D.Colo.: MMJ facility subject to IRS summons for back taxes can’t show summons was unreasonable

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases by Charlie Savage:

Posted in Subpoenas / Nat'l Security Letters | Comments Off on NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases