CT: Use of a subpoena for medical records was not unreasonable search because defendant had a right to contest it

Use of a subpoena to obtain defendant’s medical records did not violate the Fourth Amendment or Conn. Const. art. I, § 7, where a criminal proceeding had been commenced against defendant, the time frame of the records sought was reasonable and relevant in purpose and specific in directive in light of the charges and the anticipated defense, and defendant had an opportunity to challenge the subpoena prior to its issuance. State v. Legrand, 129 Conn. App. 239, 2011 Conn. App. LEXIS 322 (June 7, 2011).

A sawed-off shotgun seen during execution of a search warrant was thus in plain view with an immediately apparent incriminating nature. United States v. Carmack, 426 Fed. Appx. 378, 2011 FED App. 0389N (6th Cir. 2011) (unpublished).*

On appeal after denial of a motion to suppress, the trial evidence should also be considered in determining whether the motion was properly denied. State v. Suggs, 70 So. 3d 60 (La. App. 5th Cir. 2011).*