Does a search warrant need to be obtained before a subpoena can be served?

"New York", United States of America

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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