Category Archives: Subpoenas / Nat’l Security Letters

NY: Grant of a SW is not appealable before execution

A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading

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Ars Technica: Judge sides with Microsoft, allows “gag order” challenge to advance

Ars Technica: Judge sides with Microsoft, allows “gag order” challenge to advance by Cyrus Farivar Microsoft Corp. v. United States DOJ, 2017 U.S. Dist. LEXIS 18691 (W.D. Wash. Feb. 8, 2017) Court: “First Amendment rights may outweigh the Government interest … Continue reading

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OR: Adm subpoena was within agency’s power; third party doctrine issue saved for later with better facts

The administrative subpoena issued here by the Oregon Department of Consumer and Business Services was “squarely” within its statutory investigative power of regulating unregistered securities. “Given the factual and legal posture in which this issue arises, we resolve this case … Continue reading

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OR: Def’s SDT for narrow computer files of alleged rape victim was reasonable when it pertained to credibility

Defendant was accused of rape, and the victim told others she had searched Google for information about rape under Oregon law shortly afterward. Defendant sought production of her Google search history to attempt to attack her credibility. The state could … Continue reading

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E.D.Ky.: “Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than PC

“Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than “probable cause.” USMJ denial of order overruled. In re United States for Taxpayer Return Information, 2016 U.S. Dist. LEXIS 119895 (E.D.Ky. Sept. … Continue reading

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TN: Administrative subpoena statute requires judicial enforcement, and that provides due process

The state unemployment office subpoenaed records from the plaintiff and it sued in state court under § 1983. The subpoena power is not unlimited and it is construed to comply with due process. Plaintiff refuses to comply, and the agency … Continue reading

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DE: Subpoena for blood test results from hospital records reasonable

Defendant was involved in an auto accident and treated at a hospital where his blood was drawn. The state’s attorney sought the test results by subpoena not search warrant, and the court finds this reasonable. This is not a case … Continue reading

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CA9: GJ subpoena for emails was unreasonably overbroad and should have been quashed

A grand jury subpoena for the Oregon former governor’s emails was overbroad and made no effort to limit the emails under investigation. Therefore, the district court should have quashed. In re Grand Jury Subpoena; United States v. Kitzhaber, 2016 U.S. … Continue reading

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NJLJ: Federal Judge Holds Christie’s Phone Data Off-Limits in Bridgegate Case

NJLJ: Federal Judge Holds Christie’s Phone Data Off-Limits in Bridgegate Case by Charles Toutant: The federal judge hearing the Bridgegate criminal case has granted Gibson, Dunn & Crutcher’s motion to quash a subpoena by defense lawyers who sought to examine … Continue reading

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CNS News: Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment

CNS News: Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment by Mark Fitzgibbons. A subpoena for 40 years of records from Exxon about the environment is somehow equated with the Second Amendment (¶ 3, 1st sent.). … Continue reading

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VI: An investigative subpoena doesn’t have to specify who is under investigation, but it’s helpful to the recipient to identify records

An investigative subpoena doesn’t have to specify who is under investigation, but it’s helpful to the recipient to identify records. “[A] specific person has not yet been associated with the matter. In such cases, an investigative subpoena should generally describe … Continue reading

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CA5: DEA subpoena preempts Texas Occupational Code on patient privacy

The DEA subpoena power of the federal Controlled Substances Act subpoena preempts the Texas Occupational Code, so the doctor here can’t rely on state law to prevent disclosure of patient medical records. The gag order request in the subpoena was … Continue reading

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