Subpoenaing Law Enforcement Officers: Protocol and Limits

Subpoenaing Cops: The Rules

Getting info from the police can be tricky. Cops don’t just hand over stuff willy-nilly. You need to follow the rules and get a subpoena first. Here’s a quick guide on how it works:

What’s a Subpoena?

A subpoena is a legal order telling someone they gotta show up and testify or cough up documents. Kinda like a summons for info instead of a person. There are rules about how to serve them right.

Two Main Types

There are two big kinds of subpoenas for getting evidence from the cops:

• Criminal cases – Called a Rule 17 subpoena. Issued under the Federal Rules of Criminal Procedure.[2]
• Civil cases – Called a Rule 45 subpoena. Issued under the Federal Rules of Civil Procedure.[1]

The rules are kinda similar, but not exactly the same. Gotta use the right one for your case.

What Can You Subpoena?

The subpoena can order the police to:

• Testify at a hearing or trial
• Produce documents, recordings, files, etc.
• Let you inspect their facilities or equipment

There are limits though. You can only subpoena stuff that’s relevant to your case. And you gotta ask from a department within 100 miles of where the cop works or lives.

Subpoena vs. Warrant

What’s the difference between a subpoena and a search warrant? Good question!

• A warrant lets cops search for evidence themselves.
• A subpoena just orders them to hand over specific stuff.

So they don’t do the same thing. Subpoenas are less intrusive for police.

Who Can Issue a Subpoena?

Different rules on who can subpoena the cops:

• Criminal cases – Issued by the court clerk or a marshal/deputy marshal.[2]
• Civil cases – Issued by the attorney for either party.[1]

So in civil cases the lawyers can subpoena directly. Makes it easier than getting a court order.

Serving the Subpoena

You gotta serve the subpoena right, or it won’t count:

• Give a copy to the named officer(s)
• Pay witness fees and mileage costs
• Give reasonable advance notice – 30 days for documents

The server has to be over 18 – doesn’t have to be a cop. Keep proof of service just in case.

Objections by Police

Cops can challenge the subpoena if they think it’s improper. Common arguments:

• Scope is too broad/irrelevant to case
• Privileged or confidential info involved
• Undue burden to comply

A judge will decide if their arguments have merit. You may have to modify the subpoena.

Subpoenaing the Media

Special rules apply for subpoenaing journalists:

• High bar to issue – only if critical to the case[3]
• Must get Attorney General approval first
• Narrowly tailor request to essential info

This protects reporters’ privilege and freedom of the press rights.

Subpoena vs. Voluntary Compliance

When possible, try asking the police for info informally first. Then resort to a subpoena if they won’t cooperate voluntarily. Issuing subpoenas should be a last resort.

Get a Lawyer

Subpoena law is complex, with tricky rules and exceptions. Consult an attorney to issue and enforce a subpoena properly. Don’t DIY it!

Police agencies often fight subpoenas hard. A good lawyer can deal with their objections and negotiate limitations. They also know how to get a court order if police won’t comply.

In Summary

• Subpoenas order police to provide testimony or evidence
• Criminal and civil subpoenas have different rules
• Scope and service must follow legal requirements
• Police can challenge overbroad or vague subpoenas
• Get legal help – don’t go it alone!

Now you know the basics of subpoenaing the police. It’s a useful but tricky tool for getting evidence. Use it carefully and lawfully!