Legal Question in Criminal Law in Michigan

Re: Civil Right Violated

More likely than not, a search warrant would be used, rather than a subpoena. This is an advantage for you because it requires that a judge or magistrate review whether there is probable cause to believe that the evidence sought is either connected to a crime or could lead to evidence that is connected to a crime. If the stated facts do not provide such probable cause, the search warrant will not be approved.

If a subpoena duces tecum (subpoena for records) is used, there is no judicial branch check-and-balance, and an attorney or prosecutor's signature is the only authorization needed on the form. But, until a case is issued and there is a docket number and an upcoming hearing date, a generic subpoena should not be used by the state to further its investigation. A search warrant should be used.