IN RE GRAND JURY, JOHN DOE NO. G.J.2005-2

No. 06-4612.

478 F.3d 581 (2007)

In re GRAND JURY, JOHN DOE NO. G.J.2005-2. United States of America, Appellant, v. Under Seal, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 2007.


Attorney(s) appearing for the Case

ARGUED: Grace Y. Chung Becker, United States Department of Justice, Civil Rights Division, Washington, D.C., for Appellant.

Christopher Scott Boynton, City Attorney's Office, Virginia Beach, Virginia, for Appellee. ON BRIEF: Wan J. Kim, Assistant Attorney General, Dennis J. Dimsey, Karl N. Gellert, United States Department of Justice, Civil Rights Division, Washington, D.C., for Appellant. Leslie L. Lilley, Mark D. Stiles, Andrew B. Pittman, City Attorney's Office, Virginia Beach, Virginia, for Appellee.

Before WIDENER and WILKINSON, Circuit Judges, and DAVID A. FABER, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge FABER joined.

WILKINSON, Circuit Judge.

This appeal arises from an order by the district court quashing a subpoena duces tecum. The subpoena was issued by a federal grand jury to a City Police Department ("the Department") to obtain the records of the Department's internal investigation into a complaint filed against an officer. Given the particular circumstances...

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