Re:The NYPD sent a warrantless subpoena for a copwatcher's T...
by none_to_remain on Tuesday March 12, 2024 @02:08PM
(#39682801)
My understanding as a non-practitioner is that subpoenas are addressed to a person (individual or corporate) compelling them to produce evidence or testimony, while a warrant is addressed to police, giving them the power to effect a specific search, seizure, or arrest.
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Re:The NYPD sent a warrantless subpoena for a copwatcher's T...
by MacsHeadroom on Tuesday March 12, 2024 @02:24PM
(#39683000)
Yes, but if presented with a warrant for your property (ex. subscriber information) you must comply or be charged with obstructing justice or impeding an investigation.
When presented with an administrative subpoena not backed by a warrant you may be able to deny the subpoena without being guilty of such crimes.
Re:The NYPD sent a warrantless subpoena for a copwatcher's T...
by WhiskeyChicken on Tuesday March 12, 2024 @06:34PM
(#39685754)
Subpoenas are never "backed by a warrant." Probably what you mean is a subpoena signed by a judge, rather than the self-issued "administrative" subpoena being discussed here.
Re:The NYPD sent a warrantless subpoena for a copwatcher's T...
by notaustinpowers on Tuesday March 12, 2024 @02:23PM
(#39682994)
Per Federal Law (Stored Communications Act), authorities that want to access electronic records need a court-issued warrant. This failed to meet that requirement.