Category Archives: Subpoenas / Nat’l Security Letters

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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GA: Court ordered 4A waiver for probation doesn’t make the sentence void

Trial court’s imposition of a Fourth Amendment waiver did not make the sentence void. Gainey v. State, 2022 Ga. App. LEXIS 261 (June 1, 2022). The defense, of course, cannot get a search warrant for the contents of a cell … Continue reading

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techdirt: Ninth Circuit Takes Another Look At NSLs, Says Indefinite Gag Orders Still Aren’t Constitutional Problem

techdirt: Ninth Circuit Takes Another Look At NSLs, Says Indefinite Gag Orders Still Aren’t Constitutional Problem by Tim Cushing:

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N.D.N.Y.: Younger doctrine bars suit against state AG investigation’s subpoena

Plaintiffs’ claims that various constitutional rights were infringed by the state Attorney General’s alleged politically motivated investigation are barred by the Younger doctrine. As to the Fourth Amendment claim, it was directed at subpoenas. Trump v. James, 2022 U.S. Dist. … Continue reading

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MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

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IA: Automobile exception search of glove compartment here was unreasonable

Search of the glove compartment is reasonable to look for evidence of ownership of a car already subject to search, but that wasn’t an issue here because there was no reason to. State v. Marcott, 2022 Iowa App. LEXIS 385 … Continue reading

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C.D.Cal.: Eastman’s claim 1/6 House Committee’s subpoena is without authority or overbroad is denied

John Eastman’s claims against the Jan. 6 House Committee subpoena for records fail on his claim for injunctive relief. (Attorney-client privilege will be taken up later.) Eastman v. Thompson, 2022 U.S. Dist. LEXIS 25546 (C.D.Cal. Jan. 25, 2022). On the … Continue reading

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CA1: Third-party doctrine applies to prescription drug monitoring program

This is an action to enforce a DEA administrative subpoena to the New Hampshire Prescription Drug Monitoring Program for specific prescriptions. The court declines to equate prescription records with other medical records because the pharmacy industry is closely regulated. It … Continue reading

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C.D.Cal.: Admin SDT is not a 4A seizure

The Secretary of Labor’s administrative subpoena duces tecum here did not violate the Fourth Amendment. “A warrant is required only when government officials enter onto a private party’s premises without consent and forcibly take possession of documents.” Walsh v. Int’l … Continue reading

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D.Mont.: Def’s SDT to Instagram for material potentially related to suppression motion granted

Defendant sought a subpoena from Instagram to see who was involved in reporting CyberTips to NCMEC. The question of admissibility relates to a potential suppression motion, not trial. Subpoena granted. United States v. Weber, 2021 U.S. Dist. LEXIS 229264 (D.Mont. … Continue reading

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TX3: REP in car parked on curtilage; plain view suppressed

The trial court’s suppression order is affirmed. Defendant had a reasonable expectation of privacy in his curtilage and his car parked there. The plain view inside his car and then the search was unreasonable. State v. Serna, 2021 Tex. App. … Continue reading

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TN: Civil investigative demand in deceptive trade practices case was reasonable

The Attorney General’s request for information (a subpoena) in a deceptive trade practices case was reasonable in scope and reasonably related to the AG’s authority under the statute. In re Investigation of Wall & Assocs., 2021 Tenn. App. LEXIS 449 … Continue reading

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D.N.M.: Modified civil investigative demand wasn’t shown to be unreasonable

The petitioner doesn’t show that the civil investigative demand in a fraud case was unreasonable under the Fourth Amendment or that it could not reach accommodation with the government. In re Civil Investigative Demand No. 21mc24 WJ/SCY, 2021 U.S. Dist. … Continue reading

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LA4: SDT for tort ptf’s cell phone records was unreasonable and disproportionate

A subpoena duces tecum in a civil case for a plaintiff’s cell phone records was quashed and affirmed on appeal. Because of the substantial reasonable expectation of privacy in phone records, this was not proportionate to the case or the … Continue reading

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