2.4.The Subpoena Analogy
The government also seek documents and other items through a subpoena, which compels…
U.S. v. Boyd was a case involving a subpoenas of bills of lading in a civil suit,…
As was noted above, the USSC once accepted a broader definition of what constituted…
Making the state “shoulder the entire burden” seems to indicate that any obligation…
But 2 years later, in Schmerber v. California, the USSC changed course and declared…
Finally, in a series of cases dealing with subpoenas of tax and business records,…
The USSC pointed out that when a person responds to a subpoena they “testify,” through…
In the most recent case in this series, the court found that the breadth of the types…
Another important case involved a court order presented to a suspect requiring him…
It has been this case law to which the courts have referred in analyzing whether…
A slight variation is found when the court order requires the suspect to produce…
Finally, the overwhelming majority of courts have determined that requiring the suspect…
German commentators have also uniformly held that § 95 CCP-Germany, a section similar…
In the U.S., a person who refuses to respond to a lawful subpoena or lawful court…
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