People v. Mason

We issued a rule to show cause pursuant to C.A.R. 21 in this case to determine whether a prosecutor may, after filing charges against a defendant, issue a subpoena duces tecum to compel production of the defendant’s bank and telephone records without first obtaining a search warrant supported by probable cause. We now hold that a subpoena duces tecum for such records is not an unreasonable search and seizure under Article II, Section 7 of the Colorado Constitution provided that it is supported by probable cause and is properly defined and executed. We have previously concluded that citizens…