NCJ Number: 74987
Title: Guidelines on Methods of Obtaining Documentary Materials Held by Third Parties
Corporate Author: US Dept of Justice
Date Published: 1981
Page Count: 22
Sponsoring Agency: National Institute of Justice/
Sale Source: National Institute of Justice/
Document: PDF
Language: English
Country: United States of America
Annotation: These guidelines published by the Department of Justice restrict the use of search warrants by Federal officers and employees to obtain documentary materials from persons who are not involved in a criminal investigation.
Abstract: Required by Title II of the 1980 Privacy Protection Act, the guidelines are intended to safeguard individual privacy by limiting the use of search warrants if less intrusive means of acquiring documentary materials, such as subpeona, summons, or request, are available. The term documentary materials means anything upon which information is recorded, including written or printed materials, photographs, films, audio or video tapes, and other material which store magnetically or electronically recorded data. A search warrant cannot be used to obtain these materials from a disinterested third party unless it appears that a less intrusive method would jeopardize the availability or usefulness of the materials or a warrant has been approved by an attorney for the Government. Strider provisions apply when a search could intrude on professional, confidential relationships. In these cases, a search warrant can be obtained only if less intrusive methods would endanger the materials, if access to the materials is very important to the investigation or prosecution, and if the application has been approved by the Attorney general or a designated senior Justice Department official. When materials sought are held by professionals involved in therapeutic or counseling relationships, the U.S. District Attorney must abide by these guidelines if ther use of a search warrant would result in the review of highly confidential information. Furthermore, the fact that the possessor of documentary materials may have grounds to challenge a subpoena of other legal processes is not a legitimate basis for a search warrant. Federal employees who violate these guidelines are subject to administrative disciplinary action. In the Department of Justice, this could result in dismissal under certain circumstances. The text of the Privacy Protection Act of 1980 is appended.
Index Term(s): Right of privacy; Search and seizure; Search warrants; US Department of Justice
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=74987
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