Category Archives: Subpoenas / Nat’l Security Letters

Washington Examiner: Administrative subpoenas: Relics of the Star Chamber

Washington Examiner: Administrative subpoenas: Relics of the Star Chamber by Mark J. Fitzgibbons: The Drug Enforcement Administration is involved in a lawsuit for targeting medical records using judge-less warrants called “administrative subpoenas.” The quantity of DEA administrative subpoenas issued unilaterally, … Continue reading

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UT: While bank records are constitutionally private, once properly disclosed in an investigation, privacy is gone

Bank records of a nonprofit allegedly funneling money to candidates for office were subpoenaed by the state, but no prosecution was brought. Then a public records request was filed for the bank records. There was no overriding privacy interest in … Continue reading

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MO: State investigative subpoena for bank and insurance records didn’t violate Fourth Amendment or statute

Defendant was convicted of murdering her husband. The state collected bank and insurance records by investigative subpoena, and her Fourth Amendment rights were not violated by lack of notice to her, seizure of the records, or failure to have an … Continue reading

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American Thinker: Feds Get the Power to Seize Medical Records on ‘Fishing Expedition’ Investigations with No Subpoena from a Judge

American Thinker: Feds Get the Power to Seize Medical Records on ‘Fishing Expedition’ Investigations with No Subpoena from a Judge by Mark J. Fitzgibbons:

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D.Minn.: Violation of state law in admin subpoena for ISP information of no consequence in federal prosecution

Defendant had no reasonable expectation of privacy in his third party information with his internet service provider, so the validity of the administrative subpoena isn’t an issue under circuit precedent. The fact that state law was used by state investigators … Continue reading

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TX1: A subpoena may be used to obtain blood test results obtained for medical purposes even though used in a DWI case

The state may obtain defendant’s blood draw for medical purposes by subpoena. Ferguson v. City of Charleston does not create a reasonable expectation of privacy from a subpoena, a form of legal process, for obtaining the results. Rodriguez v. State, … Continue reading

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SCOTUS decides City of Los Angeles v. Patel: A hotel has a Fourth Amendment right to precompliance review of records production; a hotel is not a closely regulated industry

City of Los Angeles v. Patel, 2015 U.S. LEXIS 4065 (June 22, 2015) (5-4). [News links at end.] Syllabus: Petitioner, the city of Los Angeles (City), requires hotel operators to record and keep specific information about their guests on the … Continue reading

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DE: SW needed for hospital medical records; subpoena production suppressed

Implicit in prior case law is that a search warrant is required for medical records in Delaware. The state’s obtaining defendant’s by subpoena is suppressed. State v. Robinson, 2015 Del. C.P. LEXIS 32 (May 15, 2015). Defendant consented to entry … Continue reading

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On the Media: Librarians vs. The PATRIOT ACT

On the Media: Librarians vs. The PATRIOT ACT, hosted by Bob Garfield and Brooke Gladstone, produced by Karen Duffin: Once called the “library provision,” Section 215 of the Patriot Act forced libraries to become headliners in the battle waged to … Continue reading

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MO: State AG civil investigative demands for third party records was valid under ECPA and Fourth Amendment; there is a remedy for overbreadth or burdensomeness

The trial court erred in quashing state AG subpoenas for business records that the businesses sought to protect for customer privacy. The state consumer protection civil investigative demands were valid under ECPA because it permits state subpoena. They were also … Continue reading

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American Thinker: EEOC’s judge-less warrant to Catholic hospital is sign of what’s to come [?]

American Thinker: EEOC’s judge-less warrant to Catholic hospital is sign of what’s to come by Mark J. Fitzgibbons: The EEOC issued an administrative subpoena to a Catholic hospital system that fired one employee under its no-fault attendance policy. The warrant, … Continue reading

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American Thinker: Liberty receding in the wake of non-judicial government search and seizure

American Thinker: Liberty receding in the wake of non-judicial government search and seizure by Mark J. Fitzgibbons:

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