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by throwawaysea 2376 days ago
I am primarily commenting on the "they don't need a warrant" bit, and the editorialized label of a "friendly administrative subpoena". A subpoena and warrant have a high legal bar, and the difference is who they are directed to. The way OP's comment is worded, it makes it seem like some significantly lesser bar than a warrant is being exercised. A subpoena still requires a court order, like a warrant! See https://legalbeagle.com/8676593-subpoena-vs-warrant.html.

Furthermore: Clearly, the Fresno police department person who spoke may not have understood the requirements for access or may not be aware of what prior actions (such as a subpoena) precipitated a release of video.

1 comments

An administrative subpoena, as the name tells you, is not issued by a court and does not require a court to be involved. It's a police agency, acting on its own and without supervision, requesting documents believed to be related to a criminal case.