Comments Below... -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Frank Muto Sent: Friday, November 30, 2007 8:37 AM To: WISPA General List Subject: Re: [WISPA] CALEA
I have a question though you may or may be able to answer it. In point 1, you said you gave the LEA information on how to word their subpoena? Was this knowledge based on an attorneys consult? I'll assume it may have been unless you are an attorney yourself. Secondly, why would an attorney or anyone provide "legal" consult to the LEA? The DOJ has all the required information any LEA needs to obtain the information they need in an investigation. Most of it is basically fill in the blank and the forms have multiple Q&A to write up the subpoena. Having gone through enough of this over the past couple years, I have doubts that helping an LEA is in your best interest. How do you warrant or have legal standing on telling an LEA that their subpoena does not have the correct information for the request? It is up to the LEA to get the proper legal consult they need when writing up a subpoena and or warrant to present to the court. ----- Comments ------ If I am not mistaken, when you are being asked to provide information in a legal matter in which you are not a named-party in the legal action, you are being placed in the position of a witness. If a witness divulges information which proves to be harmful to one of the parties in the action AND if the information which is divulged is NOT protected as being required under subpoena, then the witness could potential open themselves up for a civil lawsuit with claims of libel, slander, defamation, wrongful interference, etc. So, it is NOT uncommon or unwise for a witness to seek legal counsel before disclosing information under a subpoena. I don't know if a witness' lawyer could "coach" the requesting party in the wording of the subpoena. On the other hand, I'm quite certain that IF a witness felt that the information that they held was pertinent and the witness wanted clarification on whether they could divulge the information under the subpoena, they could request a hearing before the judge in the pending matter. The judge could do an in-camera review to determine what stays and what goes. Then it's up to the judge to tell the requesting party if and to what extent their subpoena needs to be modified. Larry Yunker Network Consultant & Law Student [EMAIL PROTECTED] Disclaimer: The information contained in this message is not to be considered legal advice. I am not a lawyer (yet) and therefore I am not in a position to provide legal advice. -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
