D.N.M.: Franks doesn’t apply to grand jury testimony and resulting subpoenas

Franks doesn’t apply to grand jury testimony and resulting subpoenas. United States v. Tolbert, 2019 U.S. Dist. LEXIS 76939 (D. N.M. May 7, 2019):

Tolbert’s argument fails because there is no authority to support an argument that Franks applies to testimony given before a grand jury or the resulting subpoenas. Tolbert cites no decisions in which a court has extended Franks beyond the context of a warrant affidavit, and the Court can find no case in which any federal court has applied a Franks analysis to grand jury testimony or to a subpoena. Perhaps this is because “the issuance of a subpoena to a third party to obtain the records of that party does not violate the rights of a defendant, even if a criminal prosecution is contemplated at the time of the subpoena is issued.” United States v. Miller, 425 U.S. 435, 444, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1976).