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.

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