American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records

Authors

Stephen E. Henderson, University of Oklahoma College of LawFollow

Files

Description

Drafted over the past six years and 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.

Publication Date

2013

Keywords

united states v. jones, location tracking, third party, fourth amendment, search, privacy

Disciplines

Criminal Procedure | Fourth Amendment | Law | Privacy Law | Science and Technology Law

Recommended Citation

Henderson, Stephen E., "American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records" (2013). Faculty Books and Book Chapters. 30.
https://digitalcommons.law.ou.edu/fac_books/30