They have to have (or have *had* at the time) probable cause, just like any search warrant.
If they don’t believe a crime has been committed, which they say they don’t, then there is no probable cause for the subpoena.
“If they don’t believe a crime has been committed, which they say they don’t, then there is no probable cause for the subpoena.”
Okay, thanks, that makes sense.
I guess the reality is that AT THIS POINT, none of the principals in this case - VA, LB, etc. have an interest in pursuing that concern re Daniel’s death or ANS’s and in that light obtaining what KE’s or HKS’ phone records might show.
I’m not criticizing or being cynical. I’m just saying that I think that’s the reality at this time. I don’t have any idea what, down the road, the DEA or CMB will do with this. The CMB might turn it over to the state or city Atty Genr’l if they conclude they have evidence pointing to a criminal, not just negligent action.