Q: Is it a common practice in TN to submit unsigned & undated subpoenas requesting user records?
A Judicial Subpoena for Documents, an Application for Judicial Subpoena, & general cover letter were faxed by a police detective to a major phone/internet company in FL requesting a user's records. This company responded by faxing the user's records to the police detective. Both subpoenas faxed were not signed or dated by police detective, officer of the court, or judge. This company has in their policy, before responding to any legal demand, determination is made as to receiving the correct type of demand, as well as if the agency failed to send correct type of demand, they reject the demand, yet they faxed user's records in return.
A: If there is a Case ongoing, criminal or civil, then if you are an interested party, you can file a Motion To Quash with the Court. But if this is only an investigation, then there is nothing you can do but complain to the Florida Company that received the Subpoena Duces Tecum. Later on, if there is an indictment, you might file a Motion To Suppress then.
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