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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:
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.
There are two big kinds of subpoenas for getting evidence from the cops:
The rules are kinda similar, but not exactly the same. Gotta use the right one for your case.
The subpoena can order the police to:
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.
What’s the difference between a subpoena and a search warrant? Good question!
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Google rating score: 4.9 of 5, based on 736 reviewsSo they don’t do the same thing. Subpoenas are less intrusive for police.
Different rules on who can subpoena the cops:
So in civil cases the lawyers can subpoena directly. Makes it easier than getting a court order.
You gotta serve the subpoena right, or it won’t count:
The server has to be over 18 – doesn’t have to be a cop. Keep proof of service just in case.
Cops can challenge the subpoena if they think it’s improper. Common arguments:
A judge will decide if their arguments have merit. You may have to modify the subpoena.
Special rules apply for subpoenaing journalists:
This protects reporters’ privilege and freedom of the press rights.
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.
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.
Now you know the basics of subpoenaing the police. It’s a useful but tricky tool for getting evidence. Use it carefully and lawfully!
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