How to: Subpoenas and Search Warrants

Charging and Plea GuidelinesThe following records dealing with Charging and Plea Deal Guidelines used by both LSPD, LSSD, LSEMS & DPS used within ONX's San Andreas.Accurate as of January 2024
=How to: Subpoenas and Search Warrants=
This document outlines what subpoenas and search warrants are, what information you can subpoena the production of, and how to write subpoenas and search warrants.
The Office of the Attorney General (and by extension, The District Attorney’s Office), as well as Law Enforcement Officers, can apply for a subpoena/search warrant as part of an investigation.
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==Subpoenas (Subpoena Duces Tecum)==
A subpoena duces tecum is a court order for the production of documents - usually when you hear people say subpoenas, they refer to a subpoena duces tecum.
You must have a statement of probable cause, backed up by facts and evidence which you must reference in your statement, that explains why you are requesting the documents.
Make sure your statement of probable cause includes how the documents you have requested are relevant to your investigation - you cannot request documents that are not supported by your statement of probable cause, as they will be denied during judicial review.
===Phone Subpoenas===
ALL PHONE SUBPOENAS REQUIRE THE PHONE NUMBER FOR RECORDS/INFORMATION TO BE PRODUCED. NO SUBPOENA WILL PASS JUDICIAL REVIEW WITHOUT INCLUDING THE PHONE NUMBER IN YOUR SUBPOENA.
You can request the following for phone subpoenas:Phone Records - all text conversations and calls are logged and you can subpoena the production of these records Phone Information - phone numbers are registered to a database by the phone company, and you can subpoena the registered owner of a phone number. If the phone number whose information you are requesting is for a payphone, you will get the location of the payphone as part of the information provided.
===Bank Subpoenas===
You can request the following for bank subpoenas:Bank Records - all bank transactions (deposits, withdrawals, and transfers) are logged and you can subpoena the production of these records
Bank Information - bank account numbers are registered to a database by the bank, and you can subpoena the following information of that account:
*The Name of the Account Holder
*The State ID of the Account Holder
*The Current Balance of the Account
===Job Record Subpoenas===
You can request the following for job record subpoenas:Job Records - all job timesheets (date/time someone clocks in and out of duty) are logged for every Public Government Job (Police, Dispatch, Judge, State Attorney, Lawyer, Mayor, Deputy Mayor, Doctor, Department of Corrections, EMS, Department of Motor Vehicles, Governor, Attorney General, Government Administrative Position, Justice, Bounty Hunter/Bondsmen, Chancellor), as well as for any and all businesses with a State of San Andreas Union Representative (this includes, but is not limited to, Cluckin' Bell, Up and Atom, Burgershot, Premium Deluxe Motorsports, State Taxicab Services, State Mechanic Services, State Delivery, and State Towing and Impound). You can subpoena the production of these records.
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==Search Warrants==
A search warrant is a warrant signed by a judge authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile and confiscate any relevant evidence found.
You must have a statement of probable cause, backed up by facts and evidence which you must reference in your statement, that explains why you are requesting to search a suspect’s properties and/or vehicles.
Make sure your statement of probable cause includes how it is probable (more likely than not) that evidence will be found in a suspect’s properties and/or vehicles - you cannot request to search properties and/or vehicles that are not supported by your statement of probable cause, as it will be denied during judicial review.
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==How to Write Subpoenas/Search Warrants==
All subpoenas/search warrants are within the MDW - to create a subpoena/search warrant, go to the top left corner and go down to “New Subpoena”
You will then be instructed to enter a title for your subpoena/search warrant - the title of your subpoena/warrant should follow this format (you can also edit your title at any time before submitting it for judicial review):
For subpoenas: [SUSPECT NAME] | [DOCUMENTS YOU ARE REQUESTING] | [TIME-FRAME FOR DOCUMENTS YOU ARE REQUESTING]
For information lookup: [PHONE/BANK] Information Lookup - [PHONE/BANK ACCOUNT NUMBER] | [DATE OF CREATING LOOKUP SUBPOENA]
For search warrants: [SUSPECT NAME] | Search Warrant | [DATE OF CREATING SEARCH WARRANT]
Once you have submitted your title, you should be able to see your subpoena/search warrant as a draft. You can work on this draft until it is submitted for judicial review.
The MDW also has a preset format for you to follow to write your subpoena/search warrant.
===Suspect(s) Name(s):===
Enter the name(s) of the suspect(s) who is/are being subpoenaed or whose properties/vehicles you are requesting a search warrant for.
===Report Number(s):===
Enter the report number that this subpoena/search warrant is linked to - this can be any incident, civilian, or investigative report.
===Crime(s) Alleged:===
Enter the charges in the penal code that the suspect(s) are being investigated for.
===Location(s)/Vehicle(s) to be Searched OR Documents to be Produced:===
This section differs depending on whether you are filing a subpoena or a search warrant.
For subpoenas:Enter what documents you are subpoenaing the production of, as well as the timeframe for the documents you are subpoenaing the production of.For search warrants:Enter the locations of the properties and/or vehicles you are requesting to be searched.
===Statement of Probable Cause:===
Enter your statement of probable cause, backed up by facts and evidence, that explains why you are requesting the subpoena/search warrant.
As part of your subpoena/search warrant, you should attach the reports/evidence/snapshots to the subpoena/search warrant as this forms the facts/evidence that you will be using in your Statement of Probable Cause.
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==Hobbs Sealing and Delayed Notice on Delivery (Subpoenas)==
===Hobbs Sealing===
A statement of probable cause may contain information about a witness or a confidential informant which, if disclosed, would be provided to the individual being served their subpoena/search warrant.
You can request Hobbs Sealing on the statement of probable cause to protect the identity of said confidential informant/witness from disclosure.
You must give a reason for requesting Hobbs Sealing, and it may be denied by the judge during judicial review.
===Delayed Notice on Delivery===
All subpoenas and search warrants must be served to the individual within three (3) days by direct in-person notice or indirect notice via text correspondence.
You can request delayed notice on delivery if your subpoena pertains to an ongoing investigation - this can be for any number of days below the statute of limitations (30 days for misdemeanors/Felony D offenses, 60 days for Felony B offenses, and no statute of limitations for Felony C/A offenses.)
You must give a reason for requesting delayed notice on delivery, as well as the reason for the number of days you want to delay notice for - this can be denied by the judge during judicial review.
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==Night Search (Search Warrants)==
There may be instances where you are seeking a search warrant for a suspect not in custody or on a hold. In these instances, you can apply for “Night Search” where a suspect’s properties/vehicles can be searched without the suspect being in custody.
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==Subpoena/Search Warrants Statuses==
The MDW categorizes subpoena/search warrants into 4 separate categories depending on their status:
*Draft - you are drafting up the subpoena/search warrant and can work on it until you are ready to submit it for judicial review
*Pending Judicial Review - you have sent your subpoena/search warrant to the Department of Justice for judicial review, no changes can be made past this point - if you wish to alter your subpoena/search warrant, contact a judge who will move it back to drafts. You may also be contacted by a judge to explain your reasoning for requesting a subpoena/search warrant, or to clarify anything in the subpoena/search warrant
*Approved - after reviewing your subpoena/search warrant, a judge believes that there is probable cause and has approved your subpoena/search warrant.
*Denied - a judge, after reviewing your subpoena/search warrant, does not believe that there is probable cause and has denied your subpoena/search warrant.
Judges will add judicial notes to the subpoena/search warrant with their decisions, which you can see.
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==Produced Data (Subpoenas)==
The data produced by the phone/bank company can be found at the bottom of the subpoena.
Phone and bank records are exported as a sheet for you to work on outside of the MDW; phone and bank information are attached directly to the produced data, along with the information you requested.
When phone records are exported, it will automatically provide the names of any individuals whose phone numbers are registered in their MDW profile.
When bank records are exported, it will automatically provide the account number, account holder name, account holder state ID, and the current balance of the account at the time of production.
When bank records are exported, it will also automatically provide the names of the account holders for the wallet source, not the wallet target (blank name, with wallet source 69563770 denotes the State Account).
You can analyze phone and bank records in any timezone that works best for you - you can choose the timezone from the drop-down at the top left.
Optional Section:
The District Attorney’s Office have presets that you can copy your subpoena output into to process them easier.
Go to this link: DAsOfficeSubpoenaPresets and make a copy of the spreadsheet. Then copy and paste your subpoena output there.
You can filter your subpoena output into groups: Query, Suspect, Fraud, Genuine.
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==Providing Service of Subpoenas/Search Warrants==
Upon execution of a signed search and seizure warrant, the individual whose property has been searched must be notified within three (3) days by direct in-person notice or indirect notice via text correspondence. Such notice shall include a full list of all contraband or evidence seized.
Upon a judge signing a subpoena, the individual whose documents were produced must be notified within three (3) days by direct in-person notice or indirect notice via text correspondence. The 3 days for service can be extended by requesting delayed notice on delivery.
A copy of the subpoena/search warrant must be sent to the individual whose property has been searched or documents produced. This can be done by sharing the subpoena/search warrant with the individual.
The individual will then be notified of the subpoena/search warrant being shared with them. This notification constitutes indirect notice of their subpoena/search warrant.
As part of notice for search warrants, a raid receipt must also be provided listing every item that has been seized.
Category:DoJ
Category:Government Documents