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United States v. Guevara-Miranda

United States District Court, Western District of Louisiana, Monroe Division

December 15, 2014

UNITED STATES OF AMERICA
v.
GERSON D. GUEVARA-MIRANDA

ROBERT G. JAMES, JUDGE

ORDER

KAREN L. HAYES, MAG. JUDGE

Before the undersigned Magistrate Judge, on reference from the District Court, is a motion to quash subpoena [doc. # 27] filed by the United States.

By this motion, the government seeks to quash a subpoena obtained by defendant Gerson D. Guevara-Miranda compelling the Custodian of Records for Louisiana State Police Troop F to appear at the office of defense counsel with the following documents in tow,

(a) Any and all policies and procedures of the Louisiana State Police directing or governing the use of video and audio recording equipment during a traffic stop or during the exercise of an officer’s duties;
(b) Any and all policies and procedures of the Louisiana State Police directing or governing the use of personal cell phones by officers on duty;
(c) Any and all audio and video recordings, including those captured by dash-mounted cameras, of the traffic stop, search and seizure that is the subject of this action. (See Louisiana State Police Case N. 14-4180.1);
(d) Any and all audio and video recordings, including those captured by dash-mounted cameras, of the Guevara-Miranda vehicle from the moment first encountered by any officer of the Louisiana State Police until removed from the scene of the defendant’s arrest. (See Louisiana State Police Case N. 14-4180.1);
(e) Any and all video or audio recordings of any interview or interrogation of Gerson D. Guevara-Miranda. (See Louisiana State Police Case N. 14-4180.1);
(f) Any and all audio records of any interaction with or conversations with Gerson D. Guevara-Miranda;
(g) All dispatch logs and audio dispatch recordings with reference to the activities of Tfc. Chris W. Wright and Tfc. Keith James from 12:00 pm to 1:30 pm on May 23, 2014;
(h) If you contend that any video recordings requested in subparagraphs (c) through (g) are not available because the recording equipment that otherwise would have captured the requested images was inoperable on the date of the subject incident, then produce any and all documents that show that such equipment was repaired subsequent to the date in question, May 23, 2014;
(i) If you contend that any video recordings requested in subparagraphs (c) through (g) are not available because the recording equipment that otherwise would have captured the requested images was inoperable on the date of the subject incident, then produce any and all documents that show that such ...

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