In re Grand Jury Proceedings (Schofield II)

507 F.2d 963 (1975)

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In re Grand Jury Proceedings (Schofield II)

United States Court of Appeals for the Third Circuit
507 F.2d 963 (1975)

Facts

Schofield was subpoenaed to testify before a grand jury. Schofield was granted immunity from prosecution for forgery and testified for several hours. Subsequently, Schofield received a subpoena directing that she permit photographs, fingerprints, and handwriting exemplars to be taken. Schofield refused. The government moved to enforce the subpoena. The government’s supporting affidavit stated that the grand jury was investigating possible perjury and false-declarations violations in the jurisdiction; Schofield had been advised she was a potential defendant in the investigation; and the handwriting exemplars, fingerprints, and photographs would be used for comparison to determine whether Schofield had forged checks. Schofield argued that the government’s affidavit was not sufficiently detailed for a determination that the photographs, fingerprints, and handwriting exemplars were relevant to the grand jury investigation. The district court concluded that the government’s affidavit complied with the affidavit requirements set forth in In re Grand Jury Proceedings (Schofield I), 486 F.2d 85 (3d Cir. 1973), denied further review, and ordered enforcement of the subpoena. Schofield refused to comply and was held in civil contempt. Schofield appealed.

Rule of Law

Issue

Holding and Reasoning (Hunter, III, J.)

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