Category Archives: Subpoenas / Nat’l Security Letters

W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

A demand for records from the federal government doesn’t state a claim under Washington state law when plaintiff grudgingly gave up the records. Daviscourt v. United States, 2020 U.S. Dist. LEXIS 246610 (W.D. Wash. Dec. 10, 2020)*:

Posted in State constitution, Subpoenas / Nat'l Security Letters | Comments Off on W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid

The IRS summons was upheld. “[E]ven if the notebooks were unlawfully seized, the Fourth Amendment’s exclusionary rule does not render the summonses unenforceable. First, even if the exclusionary rule applied, evidence may not be excluded when it is obtained based … Continue reading

Posted in Exclusionary rule, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid

DE: Investigating witness tampering justified SDT for jail calls

The AG subpoenaed jail calls, which defendant concedes could be recorded and that he had no privacy in. His argument here is whether there was a “substantial governmental interest in obtaining the prison phone records.” The state counters that they … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on DE: Investigating witness tampering justified SDT for jail calls

CA10: Def’s flight into house to avoid arrest justified police entry because of exigency and hot pursuit

Police initiated arresting defendant outside his home, and he fled into his house to avoid it. The warrantless entry into his home was justified by probable cause for the arrest and exigent circumstances of both destruction of evidence and hot … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Hot pursuit, Subpoenas / Nat'l Security Letters | Comments Off on CA10: Def’s flight into house to avoid arrest justified police entry because of exigency and hot pursuit

CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable

An EPA subpoena to determine whether this mine could pay for the cost of a cleanup was within the agency’s jurisdiction and valid and did not violate the Fourth Amendment. United States v. United Park City Mines Co., 2020 U.S. … Continue reading

Posted in Administrative search, Stop and frisk, Subpoenas / Nat'l Security Letters | Comments Off on CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable

N.D.Ohio: Health care admin subpoenas to indicted def unenforceable

“In light of the above, the Court agrees with Defendants that post-indictment, heath care administrative subpoenas that seek information that may be relevant to pending charges may not be directed towards a criminal defendant. As discussed above, Phibbs does not … Continue reading

Posted in Subpoenas / Nat'l Security Letters, Waiver | Comments Off on N.D.Ohio: Health care admin subpoenas to indicted def unenforceable

The Appeal: NYPD Expands Use Of Controversial Subpoenas To Criminal Cases

The Appeal: NYPD Expands Use Of Controversial Subpoenas To Criminal Cases by Ali Winston (“Administrative subpoenas—which do not require a judge’s approval—are typically used for the department’s internal investigations, but The Appeal has learned that they are being used in … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on The Appeal: NYPD Expands Use Of Controversial Subpoenas To Criminal Cases

Cal.: Defense SDT for Facebook account of shooting victim remanded for reconsideration under standards of state constitution of victim’s privacy rights

In a California specific holding, a criminal defense subpoena to Facebook for a shooting victim’s Facebook account (private and public) made enough of a sufficient showing of necessity to get a remand for consideration of the factors that justify intrusion … Continue reading

Posted in State constitution, Subpoenas / Nat'l Security Letters | Comments Off on Cal.: Defense SDT for Facebook account of shooting victim remanded for reconsideration under standards of state constitution of victim’s privacy rights

CA5: Forthwith SDT of doctor’s office could state 4A claim

A forthwith subpoena duces tecum to gather medical records in a doctor’s office by the Texas Medical Board with the DEA in tow appears to state a Fourth Amendment claim here for the subpoena being used for criminal investigative purposes, … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off on CA5: Forthwith SDT of doctor’s office could state 4A claim

MN: Defense SDT for victim’s cell phone was not a 4A issue but was governed by law of subpoenas

The defendant in a sex case sought a subpoena duces tecum for the alleged victim’s cell phone. The state responded that the Fourth Amendment requires probable cause and an order. The court declines to find that the Fourth Amendment applies … Continue reading

Posted in Cell phones, Subpoenas / Nat'l Security Letters | Comments Off on MN: Defense SDT for victim’s cell phone was not a 4A issue but was governed by law of subpoenas

DE: Subpoena duces tecum from State Escheator was shown reasonable

A subpoena duces tecum from the State Escheator is subject to Fourth Amendment reasonableness. “The resulting legal framework for enforcing an administrative subpoena involves a shifting burden of proof. The agency has the initial burden of showing that its subpoena … Continue reading

Posted in Reasonableness, Subpoenas / Nat'l Security Letters | Comments Off on DE: Subpoena duces tecum from State Escheator was shown reasonable

RI: Subpoena duces tecum was for records with no REP, so 4A warrant requirement not implicated

The subpoena for records here was reasonable, and there was no reasonable expectation of privacy in them where the court could analogize the subpoena as a search. State v. Doyle, 2020 R.I. LEXIS 65 (July 8, 2020):

Posted in Reasonable expectation of privacy, Subpoenas / Nat'l Security Letters, Warrant requirement | Comments Off on RI: Subpoena duces tecum was for records with no REP, so 4A warrant requirement not implicated

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