/grand JUR-ee in-ves-tuh-GAY-shuns/·procedural term
Also known as:grand jury investigation · grand-jury investigation · grand-jury investigations · grand jury probe · grand jury inquiry
Written by attorneys · grounded in primary & secondary sources — see below
An investigative proceeding in which a grand jury examines evidence to decide whether probable cause supports an indictment. The proceeding operates ex parte and confers broad authority to subpoena witnesses and documents when conducted in good faith.
Sources & Authorities
How it applies
Common Examples
6
Reporter Subpoena Compliance
Greta Goldstein published articles based on a confidential source inside Griffin Industries. A grand jury investigating possible securities fraud issued a subpoena for her testimony and source identity. The court denied her motion to quash and ordered her to appear and answer questions.
Suppression Motion Denied
Gavin Grant testified before a grand jury about alleged kickbacks at Greenleaf Farms. He later moved to suppress his testimony on Fourth Amendment grounds. The court ruled that any illegality in obtaining evidence did not prevent its use in the grand jury proceeding itself.
Select any source to read its text and confirm it supports the definition.
Cases
Hornbooks
United States v. Calandra428 U.S. 338 (1976)
Act of Production Immunity
Gloria Green received a grand jury subpoena for business records of Galaxy Technologies. She asserted that producing the documents would incriminate her. The court held that the act of production itself enjoyed Fifth Amendment protection and required immunity before compliance.
United States v. Hubbell530 U.S. 27, 35–36 (2000)
Voice Exemplar Order
Gwen Gallagher was subpoenaed by a grand jury probing bank fraud at Gable Construction. Prosecutors sought a voice exemplar for comparison with recorded calls. The court enforced the subpoena because the exemplar was not testimonial and fell outside Fifth Amendment protection.
Doe v. United States487 U.S. 201 (1988)
Work Product Production
Guadalupe Gallegos's defense investigator prepared notes during a prior grand jury matter involving Griffin Industries. A new grand jury subpoena sought those notes. The court ordered production because the work-product doctrine does not shield materials from grand jury compulsion.
United States v. Nobles422 U.S. 225, 236-240 (1975)
Voice Sample Enforcement
Gretchen Graham was subpoenaed to provide a voice sample in a grand jury probe of telemarketing fraud at Galaxy Technologies. She refused on self-incrimination grounds. The court upheld the subpoena because producing the sample was not a communicative act protected by the Fifth Amendment.
United States v. Dionisio410 U.S. 1 (1973); 410 U.S. 19 (1973)
Common questions
Frequently Asked
3
Does the First Amendment allow a journalist to refuse to identify a confidential source to a grand jury?+
No. The First Amendment does not grant journalists a privilege to refuse to testify before grand juries or to withhold confidential sources in good-faith investigations.
Supporting sources
May a prosecutor disclose grand jury materials to other government personnel without a court order?+
Yes when the recipients are government personnel the prosecutor deems necessary to assist in enforcing federal criminal law and the prosecutor provides the required notice and certification to the court.
Supporting sources
Can a grand jury subpoena be quashed because the investigation rests only on suspicion rather than probable cause?+
No. Grand juries may investigate on mere suspicion and issue subpoenas without first establishing probable cause for any particular witness or target.
Supporting sources
384 U.S. 436 (1966)Evidence
…that stage was no less "critical" than trial itself. See 378 U. S., 485-488. This is hardly persuasive when we consider that a grand jury inquiry, the filing of a certiorari petition, and certainly the purchase of narcotics by an undercover agent from a prospective defendant may all be equally "critical" yet provision of counsel and…