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The question has come up concerning the enforcement of a Grand Jury Subpoena. What authority do police officers have to compel a person to accept a Grand Jury Subpoena when they are refusing to cooperate (hiding behind door, running away, etc.)? And, if they fail to show for a hearing and a subpoena with attachment is issued, what police powers can be used compel a witness to appear? I�ve been told that Grand Jury subpoenas are not like arrest warrants, and therefore, we have limited police powers when enforcing them. Please cite appropriate statutes. | ||
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Member |
Subpoenas are generally governed by Article 24 of the Code of Criminal Procedure. Article 24.04 governs service. Article 20 gives additional authority with regard to grand jury process. Specifically, Article 20.10 appears to grant the foreman authority to issue an attachment in addition to or in lieu of a summons. And, an attachment, as further described in Article 24.11, does allow a peace officer to take someone into custody. I recommend treading lightly in this area. Often, good police work will allow you to properly serve a subpoena, and most people will show if served. If they are a no show, then get an attachment. That is how most people believe it does (and should) work. There are some other avenues in Article 24 to go straight to attachment if needed. E.g., Art. 24.14 (about to move out of county) | |||
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