If I have a subject who has relevant video on a service like YouTube, and I decide to go the subpoena route, here's the process:
- Find the exact video, document the URL, Content creator's account name, and video upload date.
- Submit a preservation letter to Google to ensure the video will still be accessible when the subpoena is auctioned.
- go to my prosecutor/legal team to determine what jurisdiction the subpoena has to go through. It could be the county I'm in, the county the subject lives in, the county the video was uploaded in (unlikely), or the county where Google hosts the video.
- draft the subpoena and get it reviewed by whichever judge/magistrate applies.
- wait who knows how long for the subpoena response, hopefully it comes back with the real video and important content.
- face defense arguments in court that my subpoena was improperly obtained/submitted