The following excerpt is from New York State Com'n on Government Integrity v. Congel, 142 Misc.2d 9, 535 N.Y.S.2d 880 (N.Y. Sup. Ct. 1988):
a search warrant, unlike [a] subpoena, is not a preliminary investigatory tool, but is rather a device for obtaining evidence intended to be used against a defendant where probative support of his guilt is already known to the authorities. Clearly, the concerns which require that constitutional protections attach when a warrant issues do not apply equally when an investigatory subpoena duces tecum is served.
Matter of Hynes v. Moskowitz, 44 N.Y.2d 383, 394-5, 406 N.Y.S.2d 1, 377 N.E.2d 446 (1978). 6
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