Recommended Titles and Treatises

Public Information and Records

ABA standards for criminal justice. Law enforcement access to third party records

by American Bar Association. American Bar Association. 3rd edition. 2013.
134 pages. Updated by new edition.

The ABA has been in the process of promulgating and updating best practices or standards to be followed to ensure that criminal investigation procedures are predictable and fair to law enforcement and to the defense. Records resulting from purchases and even views on the internet are pervasive. These third parties can be bookstores, pharmacies, online merchants, and banks that collect information on consumer purchases. This information is retained in electronic format, so searching through it can be a relatively quick computer task. This trove of data can be very revealing to marketers and to criminal investigators. These standards seek to strike the “delicate balance between law enforcement’s legitimate need for access to such records and the privacy rights of the subjects of those records.” Each standard is followed by a commentary to aid in understanding.

page last updated: 11 Apr 2014 11:32 AM