QUESTION
Can you subpoena a Police Department hard drive to retrieve a support report to see the original date the document was created?
Asked on Mar 06th, 2013 on Criminal Law - Rhode Island
6 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can try but I doubt they will comply due to the cost and inconvenience. I doubt a judge would order them to either. It's possible, but doubtful. You could subpoena that they allow someone to inspect the hard drive. That would be a more reasonable request.
Answered on Mar 08th, 2013 at 1:31 AM
Geoffrey MacLaren Yaryan
Probably.
Answered on Mar 07th, 2013 at 7:40 PM
Michael J. Breczinski
That depends on the facts of the case and how important that information is.
Answered on Mar 07th, 2013 at 7:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, such information would be available via a subpoena if it was relevant to the case.
Answered on Mar 07th, 2013 at 7:23 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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In California, you cannot subpoena police records in criminal cases. All discovery requests for items that are either in the DA's possession or in the possession of law enforcement must go through the DA, not a subpoena. If the DA refuses to turn over whatever you are requesting, then you file a motion to compel.
Answered on Mar 07th, 2013 at 7:12 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No.
Answered on Mar 07th, 2013 at 7:04 PM