{"id":1940,"date":"2008-05-03T09:00:42","date_gmt":"2008-04-02T05:59:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-02T05:59:08","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1940","title":{"rendered":"UT: Subpoena for medical records requires notice, so records suppressed"},"content":{"rendered":"

Utah requires that subpoenas for privileged information be issued on notice under its Civil Rule 45(b) which applies in criminal cases. Here, the prosecutor made a showing of probable cause for judicial authorization of the subpoena, but even that violated the rule because of lack of notice to the person whose privileged records were subpoenaed. State v. Yount<\/a>, 2008 UT App 102, 2008 Utah App. LEXIS 111 (March 27, 2008).<\/p>\n

W.D.Tex. declines to follow bass-ackwards Fifth Circuit rule of good faith first, probable cause second, instead determining probable cause first. In this case, the government had information that defendant was a subscriber to a U.S. based server of a child porn provider and not just for a brief period of time, and that was probable cause. United States v. Winkler, 2008 U.S. Dist. LEXIS 24960 (W.D. Tex. March 28, 2008).*<\/p>\n

15-20 seconds is sufficient wait time for knock and announce entry. State v. Rodriguez, 399 N.J. Super. 192, 943 A.2d 901 (2008):<\/p>\n

We conclude that the police complied with the “reasonable wait time” standard set forth in United States v. Banks<\/em><\/a>, 540 U.S. 31, 41, 124 S. Ct. 521, 528, 157 L. Ed. 2d 343, 355 (2003), when they waited fifteen to twenty seconds after announcing their presence before entering the premises. As a result, we need not resolve the State’s argument that Hudson v. Michigan<\/em><\/a>, 547 U.S. 586, 126 S. Ct. 2159, 2163, 165 L. Ed. 2d 56, 63 (2006), which holds that the Fourth Amendment does not authorize application of the exclusionary rule for a knock and announce violation, should be followed in determining the appropriate remedy for a knock and announce violation of our state constitution.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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