Important social media SDT Cal. Sup. Ct. case

Another Facebook subpoena case was issued in the California Supreme Court today (Facebook, Inc. v. Superior Court, S245203.) Unfortunately the Supreme Court would decide the real issues we all care about such as the constitutional/statutory issues because the Court was concerned about whether there was a good cause to issue the subpoena anyway. But, the Court set forth seven factors for trial court’s to consider when deciding whether to issue a subpoena for social media:

(1) Has the defendant carried his burden of showing a
“ ‘plausible justification’ ” for acquiring documents from a third
party … by presenting specific facts demonstrating that the subpoenaed documents are admissible or might lead to admissible evidence that will
reasonably “ ‘assist [the defendant] in preparing his defense’ ”?

(2) Is the sought material adequately described and not
overly broad?

(3) Is the material “reasonably available to the . . . entity
from which it is sought (and not readily available to the
defendant from other sources)”?

(4) Would production of the requested materials violate a
third party’s “confidentiality or privacy rights” or intrude upon
“any protected governmental interest”?

(5) Is defendant’s request timely?

(6) Would the “time required to produce the requested
information . . . necessitate an unreasonable delay of
defendant’s trial”?

(7) Would “production of the records containing the
requested information . . . place an unreasonable burden on the
[third party]”?

Published by Jenny Brandt

About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it.

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