Category Archives: Subpoenas / Nat’l Security Letters

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

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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

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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

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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

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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

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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

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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

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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):

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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

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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

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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

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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

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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

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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

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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

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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

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