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  1. #1
    Join Date
    Apr 2006
    Posts
    147

    Default Police Refused To Serve Subpoena

    In california:

    I am trying to get the calibration test procedures from the calibration lab. The calibration lab is in San Diego State University. I tried getting the university police who have jurisdiction over the university to surve the subpean under cal p.c.

    1328. (a) A subpoena may be served by any person, except that the
    defendant may not serve a subpoena in the criminal action to which he
    or she is a party, but a peace officer shall serve in his or her
    county any subpoena delivered to him or her for service, either on
    the part of the people or of the defendant, and shall, without delay,
    make a written return of the service, subscribed by him or her,
    stating the time and place of service. The service is made by
    delivering a copy of the subpoena to the witness personally.


    They called me to say they don't surve subpoena unless it is on a police personal in the university. I cited cal p.c. 1328. They said it is the county that serve the subpoena. I then said it 1328 said "a peace officer shall serve in his or her county any subpoena" and you have jurisdiction. The person said they will talk to their supervisor.

    What should I do if they don't comply? What can I do? How could I used this to my advantage?

    thanks

    P.s. if you need some back ground information on my case (if you like to know) just do a search on my name (blau) in the speeding ticket of this forums.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Police refused to serve subpoena

    The various officers who fall under the definition of "peace officer" are described in these statutes. I leave it to you to verify that the officers you spoke with fall under one of the definitions. If so, try presenting them with the statutory language and see if they will serve the subpoena.

  3. #3
    Join Date
    Apr 2006
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    147

    Default Re: Police refused to serve subpoena

    Quote Quoting aaron
    The various officers who fall under the definition of "peace officer" are described in these statutes. I leave it to you to verify that the officers you spoke with fall under one of the definitions. If so, try presenting them with the statutory language and see if they will serve the subpoena.
    What if they take the position than 'since the language of pc 1328

    "peace officer shall serve in his or her
    county any subpoena delivered to him or her for service," use the word county that implies county sheriff.

    If I present them with the statutory lanugage and still cannot get them to surve the subpeona, what can I do. Am I out of luck?

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Police refused to serve subpoena

    Quote Quoting blau
    What if they take the position than 'since the language of pc 1328

    "peace officer shall serve in his or her
    county any subpoena delivered to him or her for service," use the word county that implies county sheriff.

    If I present them with the statutory lanugage and still cannot get them to surve the subpeona, what can I do. Am I out of luck?
    Is this actually a subpoena? Or is this a request for Discovery?

    You can present the subpoena to them, but they can still say "no". There is no statute spelling out the penalty for an agency to refuse to serve such a subpoena.

    Many agencies balk at the the service of a subpoena that does not involve them. For one thing, it could involve their officer with court overtime OR potential liability for a matter that is not their own.

    You can spell out the section to the university police administration, and HOPE they serve the subpoena in time. Or, you can contact the SD Sheriff's Department and ask them about the service ... or, have it served through one of the other alternatives (certfied mail requiring signature service, process server, etc.). If you give it to the university police and they sit on it ... then what? Nothing says they have to drop everything and take care of it. Maybe they should, but they don't have to.

    So, try speaking to the admin, and if they won't handle it expeditiously, use one of the alternatives.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police refused to serve subpoena

    Quote Quoting aaron
    The various officers who fall under the definition of "peace officer" are described in these statutes. I leave it to you to verify that the officers you spoke with fall under one of the definitions. If so, try presenting them with the statutory language and see if they will serve the subpoena.
    As an FYI, the SDSU police are "peace officers" with jurisdiction throughout CA under CA law pursuant to PC 830.2.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Apr 2006
    Posts
    147

    Default Re: Police refused to serve subpoena

    Quote Quoting cdwjava
    Is this actually a subpoena? Or is this a request for Discovery?

    You can present the subpoena to them, but they can still say "no". There is no statute spelling out the penalty for an agency to refuse to serve such a subpoena.

    Many agencies balk at the the service of a subpoena that does not involve them. For one thing, it could involve their officer with court overtime OR potential liability for a matter that is not their own.

    You can spell out the section to the university police administration, and HOPE they serve the subpoena in time. Or, you can contact the SD Sheriff's Department and ask them about the service ... or, have it served through one of the other alternatives (certfied mail requiring signature service, process server, etc.). If you give it to the university police and they sit on it ... then what? Nothing says they have to drop everything and take care of it. Maybe they should, but they don't have to.

    So, try speaking to the admin, and if they won't handle it expeditiously, use one of the alternatives.

    - Carl

    It is a subpoena.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police refused to serve subpoena

    Quote Quoting blau
    It is a subpoena.
    And??? Have you spoken to their Admin? Or are you simply going to take an alternative route through the Sheriff's Department or paid process service?

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Apr 2006
    Posts
    147

    Default Re: Police refused to serve subpoena

    You know there is not doubt in my mind that they have a duty to serve the subpoena. But the question is what can I do if they refused and stick to their gun that it is the county sherrif the serve subpoena.

    I mean can I go to the judge and motion a dismissal? There is not much I can do right.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police refused to serve subpoena

    Quote Quoting blau
    You know there is not doubt in my mind that they have a duty to serve the subpoena.
    And you are likely correct.

    However, the law also provides no penalty for their refusal.

    But the question is what can I do if they refused and stick to their gun that it is the county sherrif the serve subpoena.
    You can do as I suggested - have the Sheriff or a private process server conduct the service.

    I mean can I go to the judge and motion a dismissal? There is not much I can do right.
    A judge will not dismiss because an uninvolved agency refuses to serve your subpoena.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Police refused to serve subpoena

    Quote Quoting blau
    You know there is not doubt in my mind that they have a duty to serve the subpoena. But the question is what can I do if they refused and stick to their gun that it is the county sherrif the serve subpoena.

    I mean can I go to the judge and motion a dismissal? There is not much I can do right.
    Q: I mean can I go to the judge and motion a dismissal?

    A: No, but you can have a private process server do it.

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