{"id":63586,"date":"2026-03-17T07:50:10","date_gmt":"2026-03-17T12:50:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63586"},"modified":"2026-03-17T07:50:19","modified_gmt":"2026-03-17T12:50:19","slug":"d-d-c-challenging-standing-to-object-to-a-gj-subpoena-can-be-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63586","title":{"rendered":"D.D.C.: Challenging standing to object to a GJ subpoena can be waived"},"content":{"rendered":"\n<p>Standing to challenge a grand jury subpoena is like Fourth Amendment standing. It\u2019s not jurisdictional, and it can be waived. \u201cThe Supreme Court has made clear that Fourth Amendment standing \u2018is not a jurisdictional question\u2019 but instead part \u2018of the merits of a Fourth Amendment claim.\u2019 Byrd v. United States, 584 U.S. 395, 410-11, 138 S. Ct. 1518, 200 L. Ed. 2d 805 (2018). By the same logic, a challenge to a party&#8217;s standing to quash must also be a merits argument. If it is, then it can be waived. \u2026.\u201d The government doesn\u2019t challenge standing for subpoenas for Federal Reserve records. (And they are quashed as pretextual.) <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2026mc0012-23\">In re Grand Jury Subpoenas Nos. [redacted]<\/a>, 2026 U.S. Dist. LEXIS 52927 (D.D.C. Mar. 11, 2026).<\/p>\n\n\n\n<p>Defendant was thought to be the driver of a Ford pickup truck from California in Puerto Rico, but he disavowed responsibility saying he didn\u2019t have the keys. A gun had been seen inside it in plain view. A search of the truck revealed things of his connecting him to it. He doesn\u2019t have standing. There was also a Franks challenge which is decided on the merits: \u201cA statement that Delgado read the motion is not even an allegation that the agent&#8217;s affidavit contains a material omission. And, even if the Court considers the facts in the referenced motion, Delgado did not make a substantial preliminary showing of a material omission. He does not include statements from the other witnesses, nor does he include a copy of the affidavit submitted by law enforcement, without which it is difficult if not impossible to assess whether a material omission was made.\u201d United States v. Delgado-L\u00f3pez, 2026 U.S. Dist. LEXIS 52886 (D.P.R. Mar. 12, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Standing to challenge a grand jury subpoena is like Fourth Amendment standing. It\u2019s not jurisdictional, and it can be waived. \u201cThe Supreme Court has made clear that Fourth Amendment standing \u2018is not a jurisdictional question\u2019 but instead part \u2018of the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63586\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,34,81],"tags":[],"class_list":["post-63586","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-standing","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63586","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63586"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63586\/revisions"}],"predecessor-version":[{"id":63587,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63586\/revisions\/63587"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63586"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63586"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}