A grand jury subpoena duces tecum
is unreasonably broad under Federal Rule of Criminal Procedure 17(c) if “there is no reasonable probability that the category of materials the Government seeks will produce information relevant to the general subject of the grand jury's investigation.” United States v. R. Enters., 498 U.S. 292, 301, 111 S.Ct. 722, 728, 112 L.Ed.2d 795 (1991). The subpoena at issue here is not framed in terms of specified categories of information. Rather, it demands specified information storage devices—namely, particular computer hard drives and floppy disks that contain some data concededly irrelevant to the grand jury inquiry, see Hearing Tr.
at 12 (representative of grand jury stating that “[w]e are obviously not concerned with the will or other documents that may be installed there”). As a result, there is an issue of whether the term “category of materials” used in the R. Enterprises
standard should be applied to the information-storage devices demanded, or to the documents contained within them. If the categories of materials properly are seen to be hard disk drives and floppy disks, then the subpoena at issue would pass the R. Enterprises
test because it is highly probable that these devices will contain some relevant information. If, on the other hand, the categories of materials properly are seen to be the various types of documents contained on these devices, then the subpoena would be unreasonably broad because there are easily separable categories of requested documents that undoubtedly contain no relevant information.