Category Archives: Subpoenas / Nat’l Security Letters

OH10: Alleged violation of prosecutor’s subpoena power not subject to exclusionary rule; also, subject matter was third party record

A violation of the state prosecuting attorney’s subpoena power in felony cases was not subject to the exclusionary rule. In addition, obtaining third party information from an IP address is not a search. State v. Diaw, 2024-Ohio-2237, 2024 Ohio App. … Continue reading

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NE: LEO’s statutory jurisdictional authority is not an unreasonable search and seizure question

A law enforcement officer’s statutory power and authority to enforce laws outside of the officer’s primary jurisdiction does not implicate the Fourth Amendment or article I, § 7, of the Nebraska Constitution. State v. Hoehn, 316 Neb. 634 (May 17, … Continue reading

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CA7: No standing in a stolen car; PC anyway for automobile exception

Defendant was driving a stolen car. He had no standing in it. Besides, the search was good under the automobile exception with probable cause. United States v. Ostrum, 2024 U.S. App. LEXIS 10076 (7th Cir. Apr. 25, 2024). The Labor … Continue reading

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D.P.R.: Indictment for possession of switches to convert handguns to machine guns justified vehicle search when defendant was stopped

Defendant was indicted for possession of conversion devices to make handguns machine guns. That justified search of his car when he was stopped. United States v. Berríos-Aquino, 2024 U.S. Dist. LEXIS 66657 (D.P.R. Apr. 4, 2024). The DEA subpoena for … Continue reading

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CA11: Def claims he was talking with a VA clinician, but it was a CI; no REP in conversation

Defendant was ultimately accused of theft of government funds and false statements about his VA benefits. A phone call with an informant was recorded. He claims he thought it was a clinician with whom he had a reasonable expectation of … Continue reading

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D.Idaho: Parole search condition justified extending the stop

There was reasonable suspicion for continuing the stop, then probable cause. “Even absent probable cause, the search of Mr. Watson’s car was permissible as a search pursuant to a parole condition.” That alone justified extending the stop. United States v. … Continue reading

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W.D.Wash.: Administrative SDT to Starbucks is reasonable in scope

An administrative subpoena duces tecum to Starbucks is enforced. It is reasonable in scope. Su v. Starbucks Corp., 2023 U.S. Dist. LEXIS 179355 (W.D. Wash. Oct. 4, 2023):

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DC: Facebook can’t assert 1A or 4A privacy of posts under SCA

Facebook and the District of Columbia are litigating a subpoena from the D.C. A.G. over alleged Covid misinformation. There is no expectation of privacy in what is posted on Facebook. “May” divulge in the Store Communications Act is an excuse … Continue reading

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M.D.Fla.: A records preservation request to cell phone providers was not a seizure

A records preservation letter sent to cell phone providers was not a seizure, let alone an unreasonable one. The records were later secured by search warrant. United States v. Zwiefelhofer, 2023 U.S. Dist. LEXIS 134679 (M.D. Fla. Aug. 2, 2023). … Continue reading

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PA: Officers knocked before entry and defendant acknowledged their presence

Failure to comply with the knock and announce requirement could result in exclusion under state law. Here, however, the trial court’s findings of fact justified dispensing with the knock-and-announce requirement. Officers heard defendant acknowledge their presence, and then they entered … Continue reading

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N.D.Cal.: Subpoena to Microsoft to attempt to show it was a state actor in NCMEC report is quashed as burdensome

Defendant’s Rule 17 subpoena to Microsoft to attempt to show that the cybertip to NCMEC was not a private search is quashed as unreasonable and burdensome. United States v. Burley, 2023 U.S. Dist. LEXIS 96642 (N.D. Cal. June 2, 2023)*:

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TN: By killing one’s host, guest standing is lost

By attacking and killing his hosts, his parents, defendant lost guest standing, if he would have had it at all. Police conducted a welfare check and found severed body parts in plastic tubs and on the stove, including a head … Continue reading

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WY: Inventory policy reasonably permitted opening containers

The inventory policy reasonably permitted opening containers. Beckwith v. State, 2023 WY 39, 2023 Wyo. LEXIS 39 (Apr. 27, 2023). Years after a seizure but still pre-indictment, the plaintiff sought return of property while the government was still investigating. It’s … Continue reading

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SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

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CA7: GJ can subpoena target’s surveillance video of how SW was executed

The corporation was the target of a search warrant for violating the Clean Water Act. The warrant took a whole day to execute. After reviewing its own video of the premises, they made claims of misconduct against the executing officers … Continue reading

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NJ: SDT for S&W records on use of its products in NJ was enforced; 1A and other claims preserved

Subpoenas for documents under the state Consumer Fraud Act about the ability of average consumers to use plaintiff’s firearms for personal or home defense were enforceable under the Fourth Amendment. Plaintiff’s claims under other amendments are preserved for later. Platkin … Continue reading

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CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

The government is not responsible when a subpoenaed party turns over more than was sought. United States v. Taylor, 2022 U.S. App. LEXIS 33418 (4th Cir. Dec. 5, 2022). Officers executing a search warrant at defendant’s house repeatedly made it … Continue reading

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D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

A DEA administrative subpoena to a doctor’s office was overbroad where it sought all patient records for 41 patients. The doctor’s objection is sustained. The subpoena needs to be narrower in scope to match that of the investigation. United States … Continue reading

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D.Me.: DEA could subpoena records investigating robbery of a marijuana dispensary

The DEA’s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. … Continue reading

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E.D.Tenn.: Walmart Pay records do not require SW

A search warrant isn’t needed for investigators to access information from Walmart Pay. Carpenter doesn’t apply. United States v. Whipple, 2022 U.S. Dist. LEXIS 153126 (E.D. Tenn. Aug. 25, 2022). A claim that the officer presented false information to get … Continue reading

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