03/02/2020
In re 381 Search Warrants Directed to Facebook, Inc. :: 2017 :: New York Court of Appeals Decisions :: New York Case Law :: New York Law :: US …
jurisdiction over "final decisions" of the federal district courts (28 USC § 1291). A final
decision is one that, unlike the orders at issue here, "'ends the litigation on the merits and
leaves nothing for the court to do but execute the judgment'" (Coopers & Lybrand v Livesay,
437 US 463, 467 [1978], quoting Catlin v United States, 324 US 229, 233 [1945]).
Generally, due to this limitation on federal appellate jurisdiction, "one to whom a subpoena
is directed may not appeal the denial of a motion to quash that subpoena but must either
obey its commands or refuse to do [*10]so and contest the validity of the subpoena if he is
subsequently cited for contempt on account of his failure to obey" (United States v Ryan,
402 US 530, 532 [1971]; see Cobbledick v United States, 309 US 323, 330 [1940]). As the
dissent notes, federal courts have held that "[a] district court order enforcing a subpoena
issued by a government agency in connection with an administrative investigation may be
appealed immediately without first performing the ritual of obtaining a contempt order"
(United States v Construction Prods. Research, Inc., 73 F3d 464, 468 [2d Cir 1996]
[emphases added]). However, this is a narrow exception to the general rule barring appeals
from motions to quash due to a lack of finality, which rule "applies whether the subpoena is
issued in connection with civil and criminal actions, or grand jury proceedings, and
whether the person (or entity) seeking to prevent enforcement of the subpoena is a party to
the litigation or a non-party witness" (Matter of Air Crash at Belle Harbor, New York on
November 12, 2001, 490 F3d 99, 104 [2d Cir 2007]; Construction Prods. Research, Inc., 73
F3d at 469; see 28 USC § 1291; Ryan, 402 US at 532-533).
Notably, the exception permitting appeals of administrative subpoenas has not been
extended to warrants, as "[a]n order denying the suppression of evidence or denying a
motion to quash a warrant in a criminal trial is interlocutory and generally not appealable
by a private party until a final judgment in the case has been rendered" (Matter of 949 Erie
St., Racine, Wis., 824 F2d 538, 540 [7th Cir 1987]; see Matter of Consol. Rail Corp., 631
F2d 1122, 1125 [3d Cir 1980]; see also Di Bella v United States, 369 US 121, 129 [1962] ["An
order granting or denying a pre-indictment motion to suppress does not fall within any
class of independent proceedings otherwise recognized by this Court, and there is every
practical reason for denying it such recognition. To regard such a disjointed ruling . . . as
the termination of an independent proceeding, with full panoply of appeal and attendant
stay, entails serious disruption to the conduct of a criminal trial"]; Matter of Search of Elec.
Communications in the Account of chakafattah gmail.com at Internet Serv. Provider
Google, Inc., 802 F3d 516, 525 [3d Cir 2015]). This makes sense because the rationale
behind the exception allowing appeals of administrative subpoenas is that an
"administrative proceeding is self-contained and, unlike in the case of a grand jury or trial,
there is no 'further judicial inquiry which would be halted were the offending [subpoenaed
party] permitted to appeal'" (Matter of Air Crash at Belle Harbor, 490 F3d at 105, quoting
https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html
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