The use of administrative subpoenas by the NYPD falls under their authority pursuant to NYC Administrative Code section 14-137. Although they have the authority to issue these subpoenas, we have long maintained that in many cases IAB has abused this power, most notably in obtaining members’ cellular phone records and by not providing any notice to our members of the issuance of these subpoenas.
Although case law supports the Department’s use of these subpoenas, we believe the time is ripe to challenge the status quo. We have served on all NY based cell phone carriers a letter from DEA counsel advising them that these local administrative code subpoenas are not enforceable and should not be relied upon to provide our members’ records to the NYPD.
Further, they must put our members – their subscribers – on notice when they receive any such subpoena.
We created a template letter that members can send to their respective cellular carriers.
DEA President Paul DiGiacomo hand delivered a letter to the Police Commissioner demanding that procedural safeguards be implemented at NYPD Legal to ensure that moving forward any subpoenas that are issued comply with the law and that they be reviewed by an independent board to ensure fundamental fairness to our members.
Moving forward, the DEA will be monitoring the use of these subpoenas and we will file suit if necessary to protect our members’ rights.
Click on the following PDF file to access the template you can use to put your cell phone carrier on notice.
