Can a subpoena duces tecum be used to obtain a search warrant?
MultiRegion, United States of America
The following excerpt is from In re Horowitz, 482 F.2d 72 (2nd Cir. 1973):
Hale v. Henkel left the applicability of the Fourth Amendment to subpoenas duces tecum in a most confusing state. None of the Justices seemed to think that such a subpoena could be issued only "upon probable cause, supported by oath or affirmation," as would be required for a search warrant. Nevertheless, except for Mr. Justice McKenna, all were of the view that an overbroad subpoena duces tecum against an individual would be an unreasonable search and seizure.
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