Response to Subpoenas or Search Warrants under the Patriot Act

1
Response to Subpoenas or Search Warrants under
the Patriot Act

• The US Patriot Act supersedes the confidentiality
  of borrower records under PA Act 90.
• A library has time to gather information
  requested by a subpoena a search warrant is
  executed immediately. The search warrant must
  specify the object of the search. The officer
  must provide the library with a copy of the
  search warrant and must supply an inventory of
  any items removed from the library.
• The Patriot Act reduces the standard for a search
  warrant from probable cause that a crime has been
  committed or that the information being sought
  relates to a crime to a belief that the records
  being sought may be related to an ongoing
  investigation related to terrorism or
  intelligence.

2
Weinberg Memorial Library Patriot Act Response
Policy

• 1. A law enforcement officer must present a
  subpoena or search warrant to request circulation
  information.
• 2. The Library Dean is designated as the person
  to receive subpoenas or search warrants. In the
  absence of the Dean, the Associate Director will
  receive the legal papers and respond to the
  request.
• 3. Staff should immediately call the Library
  Dean's office to alert Library administration of
  the subpoena or search warrant and refer the
  officer to the Dean's Office or to the Associate
  Director in the absence of the Dean. Staff
  should, under no circumstance, provide any
  information other than that it is the Library's
  policy that the Library Dean handles such
  procedures.
• 4. The Library Dean will contact the Office of
  the General Counsel to determine if the subpoena
  or search warrant is legally sufficient.
• 5. The Office of the General Counsel will
  provide assistance during the search. The
  General Counsel's Office may obtain restrictions
  on who can access subpoenaed information and the
  purpose for which it can be accessed.
  
  2/9/04