{ "id": "RL33321", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33321", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 415258, "date": "2012-12-19", "retrieved": "2016-04-06T21:33:02.877985", "title": "Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis", "summary": "Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies\u2019 performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, inspector general investigations, and tracking unregistered sex offenders.\nProponents cite administrative subpoenas as a quick, efficient, and relatively unintrusive law enforcement tool. Opponents express concern that they may result in unchecked invasions of privacy and evasions of the Fourth Amendment warrant and probable cause requirements.\nThe courts have determined that, as long as they are not executed in a manner reminiscent of a warrant, administrative subpoenas issued in aid of a criminal investigation must be judicially enforced if they satisfy statutory requirements and are not unreasonable by Fourth Amendment standards.\nThe Child Protection Act of 2012, P.L. 112-206 (H.R. 6063) authorized the United States Marshals Service to issue administrative subpoenas in aid of tracking unregistered sex offenders.\nThis report is available abridged\u2014without footnotes, appendixes, and most of the citations to authority\u2014as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33321", "sha1": "a10fc16fe6e83adc9f73dbcc4337f1d9aa7db1bc", "filename": "files/20121219_RL33321_a10fc16fe6e83adc9f73dbcc4337f1d9aa7db1bc.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33321", "sha1": "3c14b2b378a28c7b1b9535356135f1ecb8638ce5", "filename": "files/20121219_RL33321_3c14b2b378a28c7b1b9535356135f1ecb8638ce5.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8777/", "id": "RL33321 2006-03-17", "date": "2006-03-17", "retrieved": "2006-06-01T13:40:41", "title": "Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis", "summary": "Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies\u2019 performance of their duties. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be \"reasonable.\" Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State\u2019s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal\r\nobscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged \u2013 without footnotes, appendices, and most of the citations to authority \u2013 as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060317_RL33321_866b797246957c52eb8a3322bfda88df4ffbe77a.pdf" }, { "format": "HTML", "filename": "files/20060317_RL33321_866b797246957c52eb8a3322bfda88df4ffbe77a.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "Subpoena", "name": "Subpoena" } ] } ], "topics": [ "Foreign Affairs", "Intelligence and National Security" ] }