Evidence – Grand Jury Inquiry

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7^th Circuit Court of Appeals

Case Name: United States of America v. Doe Corporation

Case No.: 22-1845

Officials: Ripple, Rovner, and Wood, Circuit Judges.

Focus: Evidence – Grand Jury Inquiry

Doe Corporation is the target of a federal grand-jury investigation for suspected criminal violations of the Clean Water Act. See 33 U.S.C. §§ 1317(d), 1319(c)(2)(A). Pursuant to a search warrant, federal and state agents conducted a day-long search of the company’s premises. After the search, Doe Corporation accused the agents of serious misconduct and produced still images from its security-camera footage that appeared to show agents pointing guns at employees. The government wanted to know more, and so it served Doe Corp. with a grand-jury subpoena for the original video footage. Doe Corporation moved to quash the subpoena, and the district court granted its request. According to the Seventh Circuit, the grand jury is entitled to inquire into the circumstances surrounding the collection of evidence relevant to its investigation, including any government misconduct that may have occurred in the process.

Reversed.

Decided 02/03/23

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