Subpoena

Subpoena v. United States

Good Law
75 F.3d 446·96 Daily Journal DAR 1030·1996 U.S. App. LEXIS 1236·96 Cal. Daily Op. Serv. 670
United States Court of Appeals for the Ninth CircuitJanuary 31, 1996No. 95-55360California1,015 words

Opinion

Lead Opinion

Legge, J.

Intervenors-Appellants are police officers. They appeal from the district court’s denial of their motion to quash a federal grand jury subpoena. The subpoena requested the production of internal affairs investigation reports of their employer, the Huntington Beach Police Department. The internal affairs reports include statements that they have given to the investigators. Appellants argue that production of their statements would violate their Fifth Amendment rights. The district court declined to quash the subpoena, and we AFFIRM.

I.

The Department of Justice was conducting an investigation into alleged civil rights violations committed by the Huntington Beach police department. The Department of Justice learned that there were internal affairs reports relevant to the. alleged violations. The U.S. Attorney therefore caused a grand jury subpoena duces tecum to be issued and served, requesting copies of the internal affairs reports concerning the events under investigation.

The City of Huntington Beach moved to quash the subpoena. The appellants are unnamed police officers of the city, who intervened and also moved to quash the subpoena. The district court denied the…

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