Category Archives: Subpoenas / Nat’l Security Letters

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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IL: GJ subpoena for palm prints in cold case didn’t violate Fourth Amendment

A grand jury subpoena was used to get defendant’s palm prints while he was in prison in 2004 to see whether he was connected to a 1997 murder. The grand jury subpoena did not violate the Fourth Amendment or the … Continue reading

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techdirt: DOJ’s New Restrictions On Surveilling Journalists Contain Exception For National Security Letters

techdirt: DOJ’s New Restrictions On Surveilling Journalists Contain Exception For National Security Letters by Tim Cushing: In 2013, it was revealed the DOJ had added First Amendment-trampling to its always-cavalier treatment of the Fourth Amendment by gathering journalists’ phone records. … Continue reading

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NYLJ: Judge Denies Suppression Bid but Cautions U.S. Prosecutors

NYLJ: Judge Denies Suppression Bid but Cautions U.S. Prosecutors by Andrew Keshner: Eastern District Judge Raymond Dearie refused to suppress information from grand jury subpoenas improperly demanding secrecy from their recipients, but warned prosecutors he wouldn’t rule out suppression or … Continue reading

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NY Times: Prosecutors’ Secrecy Orders on Subpoenas Stir Constitutional Questions

NY Times: Prosecutors’ Secrecy Orders on Subpoenas Stir Constitutional Questions by Stephanie Clifford: Marked with an official seal, the federal subpoena arrived at the red brick offices of Zuccarello, Zerillo & Co., an accounting firm in Whitestone, Queens, in early … Continue reading

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D.Md.: Gov’t justified its NSL in this case in classified filings; nondisclosure provision here survives First Amendment scrutiny

The government justified its NSL in this case in classified filings, which will be supplemented with redacted versions. The court finds that the nondisclosure requirement survives First Amendment scrutiny, but the government is required by the USA FREEDOM Act to … Continue reading

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