Search Warrant vs Subpoena

[lordmanji]

When something like phone records or credit card records is needed, which one would police need to obtain? Are subpoenas just for actual trials?

[Kimble]

When something like phone records or credit card records is needed, which one would police need to obtain? Are subpoenas just for actual trials?

In most instances a subpoena would do the trick. It's legally compelling a company to give up records. A search warrant would be required if you had probable cause to believe a subpoena would not not suffice (ex: tampering or destroying records).

[Joeyd6]

Exactly what he said!

[mcsap]

A supboena works when someone ( company) has info we want but doesn't want to just give it to us unless they say we " compelled" them to do so. In case they get sued.

A search warrant is when we have strong suspicion to believe that evidence of a crime is at _______ location and the owner / occupier REFUSES to give it to us OR we need to get to it without making them aware ahead of time.

[Jim1348]

I retired at the end of last year as a deputy sheriff in civil process. I served many Subpoena Duces Tecum over the years. It requires a person to bring certain documents, like business records, bank records, medical records or government records, to a hearing. However, I don't know if any other states use the exact same terminology.


STATE OF MINNESOTA

[marinepilot]

I retired at the end of last year as a deputy sheriff in civil process. I served many Subpoena Duces Tecum over the years. It requires a person to bring certain documents, like business records, bank records, medical records or government records, to a hearing. However, I don't know if any other states use the exact same terminology.


STATE OF MINNESOTA

We use that terminology here in FL.