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do I need a subpoena?

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  • psotyrone
    replied
    I agree with everyone else. What you might consider is do you plan on using the information gathered in order to apply for a paper or is it just for you to know who it is and after more investigation verify that info., thus your able to assure the shop keeper no one will have to know they ever gave up the info. Or is your intention to use the info gather to get a search warrant/warrant for you criminal.

    My previous experience, the big chain stores (ie sprint, verizon) require a court order, however, the little guys have local love for the police because we are always helping them. The big guys give us little love because we are always asking them for info and nothing else.

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  • Nightshift va
    replied
    Get with YOUR commonwealt attorney or DA. Generally speaking you don't need a subpoena duceus tecum for such records unless the boss refuses to give them to you, then you do.

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  • wirefire2
    replied
    Originally posted by PhilipCal View Post
    I basically agree with my colleague's replies. If any of the records you desire contain confidential information, a subpeona might be the way to go. Why not check with your local Prosecutor for some help on the issue?
    There is no "custom-business" privilege. There is no constitutional protection for this type of information. The business owner can give it freely. He might have some contractual obligations with his customers about giving info out to other business and such but he can't resist a subpoena for the most part. That is if business owner refuses to cooperate then you would need a subpoena (duh).

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  • M-11
    replied
    Why not check with your local Prosecutor for some help on the issue?
    Bingo.

    The Pro will be the one introducing it, he should have the call on how you get it.

    M-11

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  • PhilipCal
    replied
    Originally posted by safadoretornado View Post
    I am doing a misdemeanor investigation and I would like to be able to get access to some customer records from businesses that I believe would freely cooperate with me. My question is, can they consent to open their records or do I need a subpoena because of customer privacy issues? I know I'm not going to be getting a bunch of subpoenas for a misdemeanor investigation. I'm not going to get into details but there are no medical records involved (which I know are privileged).
    I basically agree with my colleague's replies. If any of the records you desire contain confidential information, a subpeona might be the way to go. Why not check with your local Prosecutor for some help on the issue?

    Leave a comment:


  • Smurfette_76
    replied
    Originally posted by Narco944 View Post
    if they consent you're fine...the subpoena is a court order to force them to turn over the info. if they cooperate you won't need it

    Yep yep yep

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  • jakflak
    replied
    Ditto: if they hand it over it's not your problem. If not then you need the court order.

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  • Narco
    replied
    if they consent you're fine...the subpoena is a court order to force them to turn over the info. if they cooperate you won't need it

    Leave a comment:


  • just joe
    replied
    It really depends on the business owner or manager. My guess is that they won't give you any info without a subpoena.

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  • safadoretornado
    started a topic do I need a subpoena?

    do I need a subpoena?

    I am doing a misdemeanor investigation and I would like to be able to get access to some customer records from businesses that I believe would freely cooperate with me. My question is, can they consent to open their records or do I need a subpoena because of customer privacy issues? I know I'm not going to be getting a bunch of subpoenas for a misdemeanor investigation. I'm not going to get into details but there are no medical records involved (which I know are privileged).

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