Adopts ABA Criminal Justice Standards Access to Third Party Records
RESOLVED, That the American Bar Association adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, dated February 2012.
ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records
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Part V. Access to Records
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Standard 25-5.3. Requirements for access to records
(a) Absent more demanding constitutional protection, consent pursuant to Standard 25-5.1, and emergency aid and exigent circumstances pursuant to Standard 25-5.4; and consistent with the privilege requirements of Standard 5.3(c); law enforcement should be permitted to access a record maintained by an institutional third party pursuant to the following authorization:
(i) a court order under 5.2(a)(i) [5.2(a)(ii)] if the record contains highly protected information;
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DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED
RESOLVED, That the American Bar Association adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, dated February 2012.
ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records
…
Part V. Access to Records
…
Standard 25-5.3. Requirements for access to records
(a) Absent more demanding constitutional protection, consent pursuant to Standard 25-5.1, and emergency aid and exigent circumstances pursuant to Standard 25-5.4; and consistent with the privilege requirements of Standard 5.3(c); law enforcement should be permitted to access a record maintained by an institutional third party pursuant to the following authorization:
(i) a court order under 5.2(a)(i) [5.2(a)(ii)] if the record contains highly protected information;
…
DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED
1:06 AM February 8, 2012
... law enforcement investigating crimes should have access to records held by third parties. The ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records (Resolution 101A) would apply to data held by institutional parties such as banks and Internet ...
12:03 PM February 8, 2012
... First, the American Bar Association has adopted what it calls a “new policy” with regard to law enforcement access to third-party records. The ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records provides a framework for “courts acting in their supervisory capacity and agencies to make the difficult decisions as to what records should be protected and the scope of such protection.” More here. ...
12:11 PM February 8, 2012
... decisions as to what records should be protected and the scope of such protection.” More here. As with all ABA policy, these standards are not binding, but could serve as an important model ...