Motions to Suppress Evidence Obtained Through Improper Federal Subpoenas

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Last Updated on: 2nd October 2023, 05:52 pm

Motions to Suppress Evidence Obtained Through Improper Federal Subpoenas

Being issued a federal subpoena can be intimidating. Even if you haven’t done anything wrong, dealing with the feds is no joke. But did you know that just because you get a subpoena doesn’t mean you have to hand over everything the government asks for? You have rights too!

If a federal subpoena seems improper or overly burdensome, you can challenge it in court by filing a motion to quash or modify the subpoena. This article will walk through how to fight back against improper federal subpoenas and potentially get evidence suppressed that was obtained illegally.

What is a Motion to Suppress?

A motion to suppress is a request made by a criminal defendant before trial asking the judge to exclude certain evidence from being used at trial[4]. There has to be a legal justification laid out in the U.S. Constitution, a state constitution, or a statute that allows for the evidence to be suppressed.

The main legal basis for filing a motion to suppress is a violation of the defendant’s Fourth Amendment rights against unreasonable searches and seizures. If evidence was obtained through an illegal search or seizure, the exclusionary rule kicks in to protect the defendant’s constitutional rights by barring that evidence from trial[4].

Motions to suppress are not just used in criminal trials – they can also be filed in civil immigration removal proceedings to try and exclude evidence that was obtained through egregious violations of the Fourth Amendment[5].

When Can You Challenge a Federal Subpoena?

Under Federal Rule of Criminal Procedure 17, a federal subpoena can be challenged if compliance would be “unreasonable or oppressive”[3]. Some common reasons a subpoena might be considered improper and subject to being quashed include:

• The subpoena is overly broad or seeks irrelevant information
• Compliance would be unduly burdensome
• The subpoena violates a privilege like attorney-client privilege
• The subpoena was issued in bad faith or to harass the recipient

If you’ve been served with a federal subpoena as a third party or material witness in a criminal case, you can challenge the subpoena by filing a motion to quash or modify it. This asks the judge to invalidate or change the subpoena because it’s improper in some way[2].

How to File a Motion to Quash or Modify a Federal Subpoena

Here are the steps to take if you want to fight back against an unreasonable or oppressive federal subpoena:

1. Consult with an attorney – Fighting a federal subpoena is complicated, so get legal advice to make sure you have valid grounds for a motion to quash.
2. File the motion promptly – You only have a limited window to file your motion, typically 14 days after being served, so act fast!
3. Specify the reasons for quashing or modifying – Lay out clearly why the subpoena is improper, such as being too broad or privileged.
4. Propose modifications if applicable – For example, ask to narrow the scope or extend the compliance deadline.
5. Request a protective order if necessary – Ask the court to order the government not to disclose any privileged info it already received.
6. Be prepared to appear in court – The judge may hold a hearing before deciding on your motion to quash.

If the motion is granted, the judge will quash or modify the subpoena so you don’t have to comply with it as originally written. This prevents the government from obtaining information through an improper subpoena[1].

What Happens if Your Motion is Denied?

If your motion to quash or modify is denied, you’ll likely have to comply with the original subpoena. But appealing the decision is another option. You can request an interlocutory appeal which means asking the appeals court to review the denial of your motion immediately instead of waiting until after the trial.

Getting an interlocutory appeal granted is difficult though since courts prefer not to interrupt ongoing criminal proceedings. Your attorney can advise you on whether pursuing an appeal is a viable strategy in your case.

Motions to Suppress After Improper Subpoenas

Let’s say you lose your battle against the subpoena and are forced to comply. All hope is not lost – you may still be able to get the resulting evidence suppressed by filing a motion to suppress.

A motion to suppress can lead to evidence being excluded if it was obtained illegally, even if your initial challenge to the subpoena was unsuccessful. The grounds for suppression would be that your Fourth Amendment rights were violated or that the evidence was collected through abuse of the subpoena process.

Some reasons improper evidence may be suppressed after an improper subpoena include[1]:

• The subpoena violated your constitutional rights against unreasonable search and seizure
• The subpoena failed to adhere to statutory requirements
• The government exceeded the scope of the subpoena
• Privileged information was wrongfully subpoenaed and disclosed

A motion to suppress can be filed by a criminal defendant if charges are brought using evidence from an improper subpoena. The motion asks the court to apply the exclusionary rule and prevent that tainted evidence from being used at trial.

Can Illegally Obtained Evidence Still be Used Against You?

Unfortunately, yes. There are exceptions where evidence obtained illegally through an improper subpoena can still be admitted at trial.

The main exception is the “good faith” exception. If the officers reasonably relied on the invalid subpoena in good faith, the evidence may not be suppressed. Courts look at factors like whether the subpoena was facially valid and if the officers knew or should have known it was improper[6].

Another exception is the attenuation doctrine, which allows evidence if the connection between the constitutional violation and evidence has been sufficiently weakened or “attenuated.” Other exceptions include independent source, inevitable discovery, and impeachment of the defendant.

While not guaranteed, filing a motion to suppress is still worthwhile even if exceptions may apply. Getting some evidence excluded could bolster your defense, so it’s best to consult an attorney on your options.

Subpoena Defense Lawyers Can Help

Dealing with federal subpoenas and potential motions to quash or suppress can be extremely complex. Having an experienced attorney in your corner levels the playing field against the government.

Federal subpoena defense lawyers can advise if a subpoena is improper, file a motion challenging it, and represent you in court. They can also argue to suppress evidence from an invalid subpoena and defend your case if charges are filed.

Don’t take on the federal government alone. Contact a subpoena defense attorney to protect your rights.

The views expressed in this article are the author’s alone and do not constitute legal advice. If you have been served with a federal subpoena, it is critical to seek advice from a qualified criminal defense lawyer right away.