Arrest, Search, Seizure, Warrant DEA involvement in state case regarding admistrative subpoena question...

[Frozen Tundra]

Jurisdiction

Wisconsin

My case was tried and convicted as a state case. For cursory research for my appeal, I recently requested copy of administrative subpoena used to attain utility records. To my surprise, it was a DEA DOJ subpoena.

My whole case hinges on the possibility of insufficient probable cause for SW. Normally, wouldnt drug task force agent be required to demonstrate PC to a Judge for subpoena?

Why the involvement of the DEA for subpoena, when DEA had no other involvement in my case? Obviously no need to demonstrate PC for DEA.

Fair game or something fishy going on?

 

[army judge]

Feds and locals work together all the time.

If your charges are minor, the Feds let the locals try the case at state level.

Sometimes the Feds keep working the case against you.

If the case develops, Feds bring their own charges.

Talk to your public defender who knows more about you than do strangers on the 'net.

 

[zddoodah]

Normally, wouldnt drug task force agent be required to demonstrate PC to a Judge for subpoena?

"[N]o Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Why the involvement of the DEA for subpoena, when DEA had no other involvement in my case? . . .

Fair game or something fishy going on?

We know nothing about your case beyond what you've told us, and nothing about your situation is "obvious" to anyone here. You should pose your questions to your attorney.

 

[Frozen Tundra]

understood. I also understand how DEA will begin a case and hand it off if not serious enough. In my case it seems it was always a state case until they ran into issues.

Hypothetical question,

If the state's request for administrative subpoena has PC problems, could they ask the DEA just for a subpoena? Avoiding the judicial oversight.

 

[zddoodah]

could they ask

Yes.