Category Archives: Subpoenas / Nat’l Security Letters

CA11: Def claims he was talking with a VA clinician, but it was a CI; no REP in conversation

Defendant was ultimately accused of theft of government funds and false statements about his VA benefits. A phone call with an informant was recorded. He claims he thought it was a clinician with whom he had a reasonable expectation of … Continue reading

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D.Idaho: Parole search condition justified extending the stop

There was reasonable suspicion for continuing the stop, then probable cause. “Even absent probable cause, the search of Mr. Watson’s car was permissible as a search pursuant to a parole condition.” That alone justified extending the stop. United States v. … Continue reading

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W.D.Wash.: Administrative SDT to Starbucks is reasonable in scope

An administrative subpoena duces tecum to Starbucks is enforced. It is reasonable in scope. Su v. Starbucks Corp., 2023 U.S. Dist. LEXIS 179355 (W.D. Wash. Oct. 4, 2023):

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DC: Facebook can’t assert 1A or 4A privacy of posts under SCA

Facebook and the District of Columbia are litigating a subpoena from the D.C. A.G. over alleged Covid misinformation. There is no expectation of privacy in what is posted on Facebook. “May” divulge in the Store Communications Act is an excuse … Continue reading

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M.D.Fla.: A records preservation request to cell phone providers was not a seizure

A records preservation letter sent to cell phone providers was not a seizure, let alone an unreasonable one. The records were later secured by search warrant. United States v. Zwiefelhofer, 2023 U.S. Dist. LEXIS 134679 (M.D. Fla. Aug. 2, 2023). … Continue reading

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PA: Officers knocked before entry and defendant acknowledged their presence

Failure to comply with the knock and announce requirement could result in exclusion under state law. Here, however, the trial court’s findings of fact justified dispensing with the knock-and-announce requirement. Officers heard defendant acknowledge their presence, and then they entered … Continue reading

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N.D.Cal.: Subpoena to Microsoft to attempt to show it was a state actor in NCMEC report is quashed as burdensome

Defendant’s Rule 17 subpoena to Microsoft to attempt to show that the cybertip to NCMEC was not a private search is quashed as unreasonable and burdensome. United States v. Burley, 2023 U.S. Dist. LEXIS 96642 (N.D. Cal. June 2, 2023)*:

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TN: By killing one’s host, guest standing is lost

By attacking and killing his hosts, his parents, defendant lost guest standing, if he would have had it at all. Police conducted a welfare check and found severed body parts in plastic tubs and on the stove, including a head … Continue reading

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WY: Inventory policy reasonably permitted opening containers

The inventory policy reasonably permitted opening containers. Beckwith v. State, 2023 WY 39, 2023 Wyo. LEXIS 39 (Apr. 27, 2023). Years after a seizure but still pre-indictment, the plaintiff sought return of property while the government was still investigating. It’s … Continue reading

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SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

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CA7: GJ can subpoena target’s surveillance video of how SW was executed

The corporation was the target of a search warrant for violating the Clean Water Act. The warrant took a whole day to execute. After reviewing its own video of the premises, they made claims of misconduct against the executing officers … Continue reading

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NJ: SDT for S&W records on use of its products in NJ was enforced; 1A and other claims preserved

Subpoenas for documents under the state Consumer Fraud Act about the ability of average consumers to use plaintiff’s firearms for personal or home defense were enforceable under the Fourth Amendment. Plaintiff’s claims under other amendments are preserved for later. Platkin … Continue reading

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CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

The government is not responsible when a subpoenaed party turns over more than was sought. United States v. Taylor, 2022 U.S. App. LEXIS 33418 (4th Cir. Dec. 5, 2022). Officers executing a search warrant at defendant’s house repeatedly made it … Continue reading

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D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

A DEA administrative subpoena to a doctor’s office was overbroad where it sought all patient records for 41 patients. The doctor’s objection is sustained. The subpoena needs to be narrower in scope to match that of the investigation. United States … Continue reading

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D.Me.: DEA could subpoena records investigating robbery of a marijuana dispensary

The DEA’s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. … Continue reading

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E.D.Tenn.: Walmart Pay records do not require SW

A search warrant isn’t needed for investigators to access information from Walmart Pay. Carpenter doesn’t apply. United States v. Whipple, 2022 U.S. Dist. LEXIS 153126 (E.D. Tenn. Aug. 25, 2022). A claim that the officer presented false information to get … Continue reading

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W.D.Tex.: Protective sweep justified despite hearing no one inside

A protective sweep of defendant’s apartment was reasonable on the totality despite the officers not hearing anyone inside. United States v. Turner, 2022 U.S. Dist. LEXIS 144215 (W.D. Tex. Aug. 12, 2022). “At no point did Veney voluntarily submit to … Continue reading

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NY Bronx: SDT for text message information was overbroad; SW should be sought instead

The court concludes a subpoena duces tecum to T-Mobile for text message information was overbroad. The court recommends the state apply for a search warrant instead. People v. Nelson, 2022 NY Slip Op 50630(U), 2022 N.Y. Misc. LEXIS 2968 (Bronx … Continue reading

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D.D.C.: JPMorgan complying with SDT to 1/6 committee not a 4A search

A third-party record keeper providing material to the January 6th Select Committee under subpoena is not a Fourth Amendment violation. “Here, under any of the above standards, it is plain that JPMorgan did not engage in state action when it … Continue reading

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E.D.Tenn.: Finding ammo not matching seized firearm justifies further search

Officers finding ammunition from a different caliber gun than the one found justifies a further search. United States v. Berry, 2022 U.S. Dist. LEXIS 98684 (E.D.Tenn. May 3, 2022), adopted, 2022 U.S. Dist. LEXIS 98639 (E.D.Tenn. June 2, 2022). Plaintiff’s … Continue reading

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