If a law enforcement officer presents a subpoena or search
warrant at the library, the staff member who is approached should immediately
contact the administration office during regular business hours. All
contacts after regular business hours must be referred to Client Services. Client
Services will maintain a list of appropriate contacts to be alerted.
If
a law enforcement officer requests circulation or other information without
a subpoena or a search warrant, the library has no duty to furnish information
and all inquiries should be referred to the library administration. It
is lawful to refer an officer or agent to an administrator in charge
of the library and you do not need to respond immediately to any request
unless it is a FISA warrant.
If the court order is a search warrant issued under
the Foreign Intelligence Surveillance Act (FISA) (USA Patriot
Act amendment):
The recommendations for a regular search warrant still apply. However,
a search warrant issued by a FISA court also contains a "gag order." That
means that no person or institution served with the warrant can disclose
that the warrant has been served or that records have been produced pursuant
to the warrant.
The library and its staff must comply with this order. No information
can be disclosed to any other party, including the patron whose records
are the subject of the search warrant.
If you are approached with a search warrant issued under FISA, do not
interfere with their search and seizure. Contact the administration
office or Client Services immediately. The gag order does not
change a library’s right to legal representation during the search.
10/2007 |
