Category Archives: Subpoenas / Nat’l Security Letters

CA9: UA in prison is reasonable

“It is undisputed that urinalysis testing is a search under the Fourth Amendment and that drug testing in the prison context is generally constitutional unless it is conducted in an unreasonable manner. See Thompson v. Souza, 111 F.3d 694, 701 … Continue reading

Posted in Drug or alcohol testing, Prison and jail searches, Subpoenas / Nat'l Security Letters | Comments Off on CA9: UA in prison is reasonable

ABAJ: County subpoenas partygoers who didn’t cooperate in COVID-19 contact tracing

ABAJ: County subpoenas partygoers who didn’t cooperate in COVID-19 contact tracing by Debra Cassens Weiss

Posted in Subpoenas / Nat'l Security Letters | Comments Off on ABAJ: County subpoenas partygoers who didn’t cooperate in COVID-19 contact tracing

CA6: When target of an IRS summons is named, it’s not a “John Doe summons”

“There is no shortage of reasons to reject Byers’s argument. But her argument, we acknowledge, has intuitive appeal—‘Shouldn’t the government have to give a reason why it wants my information?’—and merits this fulsome response. In all, Byers has raised a … Continue reading

Posted in Arrest or entry on arrest, Subpoenas / Nat'l Security Letters | Comments Off on CA6: When target of an IRS summons is named, it’s not a “John Doe summons”

Forbes: Quorum-tine: How COVID-19 Affects the Validity of Federal Grand Jury Document Subpoenas

Forbes: Quorum-tine: How COVID-19 Affects the Validity of Federal Grand Jury Document Subpoenas by Brian Jacobs (“Since COVID-19 began to spread across the United States, federal grand juries in districts around the country have stopped meeting, but prosecutors have continued … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on Forbes: Quorum-tine: How COVID-19 Affects the Validity of Federal Grand Jury Document Subpoenas

UT: Stop based on query to Insure-Rite database was with RS despite database being updated biweekly

Defendant was stopped because the Utah Criminal Justice Information System querying the Insure-Rite database showed he had no car insurance. Once stopped, he admitted he didn’t have a DL either. Then, outstanding warrants were found. Defendant’s claim the Insure-Rite database … Continue reading

Posted in Qualified immunity, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on UT: Stop based on query to Insure-Rite database was with RS despite database being updated biweekly

MO: Search incident of a McDonald’s sack in a car for shoplifting a sweatshirt was unreasonable

Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search … Continue reading

Posted in Cell site location information, Prison and jail searches, Search incident, Subpoenas / Nat'l Security Letters | Comments Off on MO: Search incident of a McDonald’s sack in a car for shoplifting a sweatshirt was unreasonable

D.Colo.: DEA subpoena for records of two pharmacies is enforced

The DEA’s subpoena to the Board of Pharmacy for controlled substances prescriptions for two pharmacies was reasonable and within the DEA’s jurisdiction. It is enforced. United States DOJ v. Colorado Bd. of Pharmacy, 2020 U.S. Dist. LEXIS 69726 (D. Colo. … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception, Subpoenas / Nat'l Security Letters | Comments Off on D.Colo.: DEA subpoena for records of two pharmacies is enforced

AZ: Successfully controverting PC for SW requires return of copies of digital evidence

Defendant in a criminal case was suspected of Arizona wildlife offenses, and the state procured a search warrant. He successful controverted the warrant for lack of probable cause under state statute. Digital copies of evidence were kept by the state. … Continue reading

Posted in Computer and cloud searches, Exclusionary rule, Subpoenas / Nat'l Security Letters | Comments Off on AZ: Successfully controverting PC for SW requires return of copies of digital evidence

CA10: Criminal history checks may be run in any stop under Rodriguez

Criminal history checks are reasonable under any traffic stop because they negligibly extend the stop. This court held that en banc in 2001 in a case relied upon in Rodriguez. Other circuits are in accord. United States v. Mayville, 2020 … Continue reading

Posted in Administrative search, Ineffective assistance, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on CA10: Criminal history checks may be run in any stop under Rodriguez

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