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IN RE GRAND JURY 87-3 SUBPOENA DUCES TECUM

Nos. 88-5619, 88-5620.

884 F.2d 772 (1989)

In re GRAND JURY 87-3 SUBPOENA DUCES TECUM. UNITED STATES of America, Plaintiff-Appellee, v. UNDER SEAL, Defendant-Appellant. In re GRAND JURY 87-4 SUBPOENA DUCES TECUM. UNITED STATES of America, Plaintiff-Appellee, v. UNDER SEAL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1989.

Attorney(s) appearing for the Case

Herald Price Fahringer (Lipsitz, Green, Fahringer, Roll, Schuller & James on brief); Ralph J. Schwarz, Jr., (Gerald F. Treanor, Jr., Venable, Baetjer & Howard on brief), for defendant-appellant.

Bradford Russell Clark, Sp. Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., William G. Otis, Lawrence J. Leiser, Asst. U.S. Attys.; Janis Kockritz, Sp. Atty., Crim. Div., U.S. Dept. of Justice, on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

ERVIN, Chief Judge:

These cases concern the question of whether subpoenas duces tecum which seek the production of certain corporate records as well as video tapes presumptively protected by the first amendment meet the relevancy, admissibility, specificity and necessity requirements of Fed.Rule Crim.Pro. 17(c). We affirm the district court's refusal to quash the subpoena issued to Model Magazine Distributors, requesting the company's corporate records. We find, however...

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