Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis (CRS Report for Congress)
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| Release Date |
Revised Dec. 19, 2012 |
| Report Number |
RL33321 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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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' 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.
Proponents 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.
The 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.
The 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.
This report is available abridgedâwithout footnotes, appendixes, and most of the citations to authorityâas CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.
