As a Public Services employee, the
possibility exists that you may be asked to provide information about a library
patron. The privacy of library patrons’
personal information and library records is protected by state and federal
law. This type of information MAY NOT
be released except to law enforcement officials who present the proper
paperwork.
While legal requests for library
information are uncommon, they have increased since September 11th
and the passage of the Patriot Act. If
you should receive such a request while working in a Public Services area,
please adhere as closely as possible to the procedures outlined in this
document.
Procedures Checklist
Please try each of the
steps in order until you are able to successfully complete one. When you have checked one box and filled in
the blanks for that step, you need do nothing else unless the person you have
contacted gives you additional instructions.
In all cases, however, please submit this form as soon as possible to the
library staff member you contacted.
Your Name
______________________________________________
Date & Time
_____________________________________________
List of items given
to Law Enforcement Official
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IMPORTANT NOTE: You should not discuss the law enforcement request with anyone except the staff member or supervisor whom you contact. Depending upon the type of court order, you may be personally liable for revealing any information related to the request.
Procedures
Checklist
Please try each of the steps in order until you are able to
successfully complete one. When you have
checked one box and filled in the blanks for that step, please contact
Your Name
______________________________________________
Date & Time
_____________________________________________
List of items given
to Law Enforcement Official
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IMPORTANT
NOTE: You should not discuss the law enforcement request with anyone except the
staff member or supervisor whom you contact.
Depending upon the type of court order, you may be personally liable for
revealing any information related to the request.
A More Detailed
Outline of Procedures to Follow:
If
the request is made during Regular Business Hours
(a) Search warrant. If the officer has a search warrant, he or
she is likely authorized to retrieve information or take files (including computers)
immediately. Give the officer everything
requested on the warrant, but ONLY what is requested. Make a list of everything that was
taken. If the officer does not give you
a copy of the warrant, then make a photocopy of the warrant and either photocopy
the officer’s badge or write down the badge number.
(b) Subpoena. A subpoena should be accepted and passed on
to a staff member as soon as possible
(c) Summons. A summons should be accepted and passed on to
a staff member as soon as possible.
IMPORTANT NOTE: You should not discuss the law enforcement request with anyone except the staff member or supervisor whom you contact. Depending upon the type of court order, you may be personally liable for revealing any information related to the request.
If the request is made After
Hours (nights & weekends)
1. Ask the law enforcement
official to return during business hours.
If he or she agrees, skip to step 3.
2. If the law enforcement
official insists that the request must be complied with immediately, then: Ask the
Law Enforcement official to see his or her badge, and the relevant
paperwork. Determine whether the papers
served are (a) a search warrant or (b) a subpoena or (c) a summons.
(a) Search warrant. If the officer has a search warrant, he or
she is likely authorized to retrieve information or take files (including
computers) immediately. Give the officer
everything requested on the warrant, but ONLY what is requested. Make a list of everything that was
taken. If the officer does not give you
a copy of the warrant, then make a photocopy of the warrant and either
photocopy the officer’s badge or write down the badge number.
(b) Subpoena. A subpoena should be accepted and passed on
to a staff member as soon as possible
(c) Summons. A summons should be accepted and passed on to
a staff member as soon as possible.
3. In all cases, contact
IMPORTANT NOTE: You should not discuss the law enforcement request with anyone except the staff member or supervisor whom you contact. Depending upon the type of court order, you may be personally liable for revealing any information related to the request.
Useful Examples and Definitions in
Regard to the Patriot Act
Definitions
Search Warrant A written
order signed by a judge authorizing a law-enforcement officer to search for
specific evidence at a designated place such as a house, apartment, or place of
business. Traditionally, (before the
Patriot Act), a search warrant was issued only if the officer submitted an
affidavit to the judge showing probable cause that the evidence was likely to
be found on the premises described. A
search warrant authorizes the officer to seize any evidence found on the
premises. (Caveat: I have heard that the
Patriot Act allows to federal agents to present search warrants which are not
signed by a judge, but have not had time to verify this).
Subpoena A court order
requiring a person to appear at a trial or hearing in order to testify. Attendance is mandatory and failure to appear
may cause the witness to be held in contempt of court.
Subpoena Duces Tecum An order
requiring a witness to bring specific documents or items to a trial or
hearing. The subpoena duces tecum is
usually served on the person who is in control of the records and who can
testify concerning the manner in which the records were created and
maintained. Failure of the witness to
appear at the hearing or trial may result in a contempt of court ruling.
Summons A document
notifying a defendant that legal action has been taken against him. The summons gives information concerning the
nature of the case and instructs the defendant that he needs to file a response
within a limited amount of time. The
summons may also direct the defendant to appear in court at a certain place and
time.
Arrest Warrant A writ issued
upon a showing of probable cause directing a law enforcement officer to arrest
the person named in the document.
Of the four processes mentioned above, the search warrant and the arrest warrant are the only two where immediate action (beyond the serving of the papers) would be taken.