ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records

ABA Standards for Criminal Justice: Third Edition, 2013

146 Pages Posted: 12 Jul 2013 Last revised: 21 Jan 2014

Stephen E. Henderson

University of Oklahoma - College of Law

American Bar Association, Criminal Justice Standards Committee

www.americanbar.org

Date Written: 2013

Abstract

I served as Reporter drafting these Standards over the past six years; the black letter was adopted by the American Bar Association (ABA) House of Delegates in February, 2012. These Criminal Justice Standards on Law Enforcement Access to Third Party Records provide much needed guidance to legislatures, courts, and administrative agencies having to decide how to regulate law enforcement access to existing records in the hands of third parties. It is the first framework of its kind, and it can do much to improve the current system of ad hoc protections in both state and federal systems. Decision makers are struggling to determine when to permit law enforcement access to medical records, location records, communications records, and myriad other information, and these Standards provide a framework via which they can bring greater consistency to existing law, and, where necessary, frame new law that accounts for changing technologies and social norms, the needs of law enforcement, and the interests of privacy, freedom of expression, and social participation.

Keywords: search, privacy, information privacy, Fourth Amendment, third party doctrine

JEL Classification: K14

Suggested Citation

Henderson, Stephen E. and Criminal Justice Standards Committee, American Bar Association,, ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (2013). ABA Standards for Criminal Justice: Third Edition, 2013. Available at SSRN: https://ssrn.com/abstract=2289493

Stephen E. Henderson (Contact Author)

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States
405.325.7127 (Phone)

HOME PAGE: http://www.law.ou.edu/directory/stephen-e-henderson

American Bar Association, Criminal Justice Standards Committee

www.americanbar.org

321 North Clark Street
Chicago, IL 60610
United States

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