Category Archives: Subpoenas / Nat’l Security Letters

MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

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IA: Automobile exception search of glove compartment here was unreasonable

Search of the glove compartment is reasonable to look for evidence of ownership of a car already subject to search, but that wasn’t an issue here because there was no reason to. State v. Marcott, 2022 Iowa App. LEXIS 385 … Continue reading

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C.D.Cal.: Eastman’s claim 1/6 House Committee’s subpoena is without authority or overbroad is denied

John Eastman’s claims against the Jan. 6 House Committee subpoena for records fail on his claim for injunctive relief. (Attorney-client privilege will be taken up later.) Eastman v. Thompson, 2022 U.S. Dist. LEXIS 25546 (C.D.Cal. Jan. 25, 2022). On the … Continue reading

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CA1: Third-party doctrine applies to prescription drug monitoring program

This is an action to enforce a DEA administrative subpoena to the New Hampshire Prescription Drug Monitoring Program for specific prescriptions. The court declines to equate prescription records with other medical records because the pharmacy industry is closely regulated. It … Continue reading

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C.D.Cal.: Admin SDT is not a 4A seizure

The Secretary of Labor’s administrative subpoena duces tecum here did not violate the Fourth Amendment. “A warrant is required only when government officials enter onto a private party’s premises without consent and forcibly take possession of documents.” Walsh v. Int’l … Continue reading

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D.Mont.: Def’s SDT to Instagram for material potentially related to suppression motion granted

Defendant sought a subpoena from Instagram to see who was involved in reporting CyberTips to NCMEC. The question of admissibility relates to a potential suppression motion, not trial. Subpoena granted. United States v. Weber, 2021 U.S. Dist. LEXIS 229264 (D.Mont. … Continue reading

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TX3: REP in car parked on curtilage; plain view suppressed

The trial court’s suppression order is affirmed. Defendant had a reasonable expectation of privacy in his curtilage and his car parked there. The plain view inside his car and then the search was unreasonable. State v. Serna, 2021 Tex. App. … Continue reading

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TN: Civil investigative demand in deceptive trade practices case was reasonable

The Attorney General’s request for information (a subpoena) in a deceptive trade practices case was reasonable in scope and reasonably related to the AG’s authority under the statute. In re Investigation of Wall & Assocs., 2021 Tenn. App. LEXIS 449 … Continue reading

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D.N.M.: Modified civil investigative demand wasn’t shown to be unreasonable

The petitioner doesn’t show that the civil investigative demand in a fraud case was unreasonable under the Fourth Amendment or that it could not reach accommodation with the government. In re Civil Investigative Demand No. 21mc24 WJ/SCY, 2021 U.S. Dist. … Continue reading

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LA4: SDT for tort ptf’s cell phone records was unreasonable and disproportionate

A subpoena duces tecum in a civil case for a plaintiff’s cell phone records was quashed and affirmed on appeal. Because of the substantial reasonable expectation of privacy in phone records, this was not proportionate to the case or the … Continue reading

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WaPo: When the FBI seizes your messages from Big Tech, you may not know it for years

WaPo: When the FBI seizes your messages from Big Tech, you may not know it for years by Jay Greene & Drew Harwell (“Microsoft, Google, Facebook and other tech firms are pressing lawmakers to stop prosecutors from secretly snooping on … Continue reading

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E.D.Cal.: DEA admin subpoena for prescription records enforced despite privacy interest

The DEA’s administrative subpoena for prescription records is enforced. While circuit law shows some privacy interest of persons named in the records, the DEA’s ability to get it overcomes that. United States v. Saxton, 2021 U.S. Dist. LEXIS 150296 (E.D.Cal. … Continue reading

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S.D.N.Y.: Late return of SW materials in discovery wasn’t at all prejudicial

The return of the search warrant materials was late, but defendant shows no prejudice, and he had them in discovery. United States v. Lesane, 2021 U.S. Dist. LEXIS 137777 (S.D.N.Y. July 23, 2021). Defendant’s discovery claim that the government must … Continue reading

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WaPo: The secret gag orders must stop

WaPo: The secret gag orders must stop by Brad Smith, President of Microsoft (“The past seven days marked another bad week for the collision between technology and democracy. We live in an era when private emails and text messages typically … Continue reading

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DE: Agency investigative SDT akin to GJ’s

An agency investigative subpoena duces tecum is akin to a grand jury’s, following Morton Salt and Powell. State Dept. of Finance v. AT&T Inc., 2021 Del. LEXIS 178 (June 1, 2021):

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CA6: Disclosure of medical records to LEO by subpoena duces tecum doesn’t violate 4A

“[T]he disclosure of the plaintiffs’ medical records to law enforcement officers for the purpose of investigating Dr. Pompy’s allegedly illegal activities did not violate their Fourth Amendment rights or their constitutional right to privacy.” Micks-Harm v. Nichols, 2021 U.S. App. … Continue reading

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CT: Police knowledge def’s cell phone was used to communicate with co-conspirators and victim was justification for seizure then SW

There were exigent circumstances for seizure of defendant’s cell phone incident to his arrest and probable cause for a search warrant to search it. The police developed information that the conspirators communicated with the victim by phone before the crime. … Continue reading

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W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

A demand for records from the federal government doesn’t state a claim under Washington state law when plaintiff grudgingly gave up the records. Daviscourt v. United States, 2020 U.S. Dist. LEXIS 246610 (W.D. Wash. Dec. 10, 2020)*:

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M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid

The IRS summons was upheld. “[E]ven if the notebooks were unlawfully seized, the Fourth Amendment’s exclusionary rule does not render the summonses unenforceable. First, even if the exclusionary rule applied, evidence may not be excluded when it is obtained based … Continue reading

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DE: Investigating witness tampering justified SDT for jail calls

The AG subpoenaed jail calls, which defendant concedes could be recorded and that he had no privacy in. His argument here is whether there was a “substantial governmental interest in obtaining the prison phone records.” The state counters that they … Continue reading

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