Grand Jury

Question 1

Sword aspect of the GJ

Answer 1

unearth evidence of crim behavior, don’t need PC

Question 2

Shield aspect of GJ

Answer 2

screening, indictment for serious offense can’t be brought without it

Question 3

GJ protections apply to ___ but not ___

Answer 3

federal felonies, necessarily to states

Question 4

A witness in GJ cannot __

Answer 4

bring attorney with them (only consult leading up)

Question 5

Standard for voting on GJ indicment

Answer 5

PC (majority of jurors)

Question 6

GJ subpoenas don’t give info about ___

Answer 6

what’s being investigated or whether you are a suspect

Question 7

CSLI data is __ GJ power

Answer 7

outside

Question 8

____ except __ sworn to secrecy in GJ

Answer 8

Participants, witnesses

Question 9

McDougal says there is no ______ on GJ secrecy

Answer 9

time limit

Question 10

McDougal facts

Answer 10

wanted GJ records from own case after she served her sentence

Question 11

Under Patriot Act federal LE can get ____ for foreign intelligence

Answer 11

disclosure of matters before GJ

Question 12

Prosecutor want to investigate cheating on bar exam. You represent one of witnesses testified, not focus of investigation but thought to be helpful. She’s worried she may have tax issue. Suggestions

Answer 12

• netting in prosecutor office (can sit with her)
• immunity ask? but not asked about taxes and immunity could be stigmatizing

Question 13

GJ has subpoena power over three kinds of peope ___

Answer 13

• target
• witness
• subject

Question 14

A prosecutor is not required to tell target that ___

Answer 14

she is the target (US v Washington)

Question 15

A subject for GJ is someone whose __

Answer 15

conduct in scope of GJ investigation but conduct not enough to make target

Question 16

___ don’t apply in GJ

Answer 16

rules of evidence (hearsay allowed, no 4A exclusionary)

Question 17

Potential 4A limits on subpoenas

Answer 17

• overbreadth (Hale v. Henkel)
• post-Carpenter some types of documents in which REP

Question 18

Boyd facts

Answer 18

customs fraud so initiated civil forfeiture action against shipments of glass. govt subpoena for invoices

Question 19

Boyd said ____ within 4A

Answer 19

compulsory production of private papers

Question 20

Boyd relies on ____ conception of 4A

Answer 20

property-based

Question 21

Hale says that if a subpoena is _______ it is not allowed

Answer 21

so general essentially amounts to a search

Question 22

3 Hale factors

Answer 22

• seeking only documents relevant?
• reasonably particular?
• Reasonable period of time?

Question 23

Livingston has never seen subpoena __

Answer 23

rejected for being overly broad

Question 24

Subpoenas to ____ are not seizures (____)

Answer 24

appear or give voice exemplars, Dionisio

Question 25

You can't subpoena someone for a DNA swab because ___

Answer 25

it is a seizure

Question 26

The subpoena in Hale was part of ___

Answer 26

antitrust investigation

Question 27

The subpoena in Hale requested ___

Answer 27

all corp documents and correspondence from the company

Question 28

Corporations don't have ___ rights

Answer 28

5A (collective entity doctrine)

Question 29

Hale says many of documents could be required but __

Answer 29

must show showing/necessity first

Question 30

Calandra says ___ doesn't apply to GJ

Answer 30

exclusionary rule

Question 31

Enterprises Inc subpoena requested ___

Answer 31

pretty much all documents and magazines produced by 3 porn magazine companies

Question 32

Enterprises says a motion to quash on relevancy grounds must be denied unless court determines ___

Answer 32

no reasonable possibility subpoena will produce evidence relevant to general subject of GJ

Question 33

Enterprises says burden is __

Answer 33

on person challenging subpoena

Question 34

Courts don't like subpoenas that ask you to ___ because __

Answer 34

bring documents forthwith, toes seizure line

Question 35

Dionisio says voice exemplar not seizure because __

Answer 35

no REP in voice, use and expose to public everyday

Question 36

Dionisio aruges no collateral damage from secret GJ but ___

Answer 36

people often know and stigma does attach

Question 37

Marshall dissent in Dionisio says that shouldn't not be a seizure because __

Answer 37

done by GJ and not police

Question 38

A subpoena for a diary is not overbroad BUT ___

Answer 38

if agents went into house to get it, it is a search