Category Archives: Subpoenas / Nat’l Security Letters

D.S.D.: SW affidavit attachments referred to in affidavit and were used at the pre-search briefing to narrow the search

The application for the search warrant could have been more clear, but it was still apparent that the attachments were incorporated, and they completed the probable cause showing. Moreover, the attachments were used in the pre-search briefing of the officers … Continue reading

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CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

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CA5: Texas medical board’s forthwith subpoena was shown not to be pretextual for criminal investigative purpose

Plaintiff is a doctor running a clinic dispensing opiods, and the Texas medical board got a forthwith administrative subpoena out for him and seized records. The defendants get qualified immunity. It’s not clear that doctors are a closely regulated industry … Continue reading

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D.Conn.: A safe could be searched under SW in a homicide case; logical place for weapon or ammunition

There was probable cause to search a safe found in defendant’s house for evidence in a murder case because the firearms, ammunition, clothing, or electronic devices could be there. United States v. Fable, 2018 U.S. Dist. LEXIS 129527 (D. Conn. … Continue reading

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CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank

The district court did not err in enforcing the IRS summons under 26 U.S.C.S. § 7602 to the taxpayers’ bank because the taxpayers did not have a reasonable expectation of privacy in the financial records held by the bank. The … Continue reading

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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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