It directs investigating officers to inquire whether the defense requests the production of witnesses or evidence, "including evidence that may be obtained by subpoena duces tecum
." (46) As some commentators have noted, the expansion of Article 47, UCMJ, represents a significant increase in the government's powers to conduct pretrial investigation, but is equally beneficial to the defense, because it provides them access to evidence that previously was unattainable at an Article 32.
(166) The Ninth Circuit agreed that "limitations on a state court's subpoena and contempt powers stem from the sovereign immunity of the United States and from the Supremacy Clause," (167) but rejected the government's proposed definition of sovereign immunity from Boron as entailing the conclusion that federal courts could not compel federal agency obedience to a federal third-party subpoena duces tecum
Subpoena: Subpoena Duces Tecum
), 829 F.2d 1291, 1297 (4th Cir.
The requirements for a valid subpoena duces tecum
in a criminal
Florida courts have held that a subpoena duces tecum
is less intrusive than a search warrant.
United States, was decided in 1976.(5) I have carefully explained to bewildered students that the Fifth Amendment "privilege" can be asserted against a subpoena duces tecum
only in the rare case where the prosecutor proposes to use the evidence of compliance with the subpoena as inculpatory in itself.(6) Seizing a document and making evidentiary use of the information it contains--directly or indirectly--may be a violation of the Fourth Amendment right to security in your papers and effects, but it is not a violation of the Fifth Amendment.
In re: Subpoena Duces Tecum
Served on the Office of the Comptroller of the Currency, No.
(A subpoena for records is called a subpoena duces tecum
.) If the subpoena requires attendance at a deposition, the subpoena must be issued in the district in which the deposition is to take place.
Finally, she failed to bring the books and records to her second deposition, despite the fact that the defense had served her with a subpoena duces tecum
one year earlier.
Under this act, the federal, state, and local authorities must use a subpoena duces tecum
-- a subpoena for documents -- instead of a search warrant if they want to seize a journalist's "work product" or documentary materials.
In this regard, a search warrant differs from a subpoena duces tecum
,(1) which permits subjects to conduct their own searches for requested items while permitting the government to embark on a fairly wide-ranging and speculative inquiry for possible evidence.
He obtained a subpoena duces tecum
ordering the daughter to turn over the phone.