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LAW ENFORCEMENT INVESTIGATIONS - A NEW LIMITATION BY THE COURTS

NCJ Number
35450
Journal
Journal of California Law Enforcement Volume: 11 Issue: 1 Dated: (JULY 1976) Pages: 9-15
Author(s)
J VAN DEKAMP; G M PALMER
Date Published
1976
Length
7 pages
Annotation
THIS ARTICLES PRESENTS AN ANALYSIS OF A CALIFORNIA SUPREME COURT CASE RESTRICTING THE CIRCUMSTANCES UNDER WHICH LAW ENFORCEMENT AGENCIES MAY INFORMALLY OBTAIN RECORD INFORMATION CONCERNING SUSPECTS.
Abstract
THE COURT'S RULING HELD THAT A PERSON'S RIGHT TO PRIVACY APPLIES TO BANK AND OTHER RECORDS, UNLESS THE INSTITUTION HOLDING THE RECORDS IS NOT NEUTRAL - IS A SUSPECTED VICTIM OF SUSPECT. SEVERAL US SUPREME COURT CASES ARE CITED WHICH ARE SAID TO DENY SUCH AN INTERPRETATION OF A REASONABLE EXPECTATION OF PRIVACY. IMPLICATIONS OF THIS DECISION FOR LAW ENFORCEMENT INVESTIGATIONS IN BANKING AND NON-BANKING CASES ARE DISCUSSED. IN CASES IN WHICH THE INSTITUTION HOLDING THE RECORDS DOES NOT SEEM TO MEET THE NON-NEUTRAL REQUIREMENTS, IT IS SUGGESTED THAT THE DISTRICT ATTORNEY BE CONSULTED. IN THESE CASES, THE COURT REQUIRES RESORT TO 'LEGAL PROCESS', INTERPRETED TO MEAN A SEARCH WARRANT.