LAW ENFORCEMENT INVESTIGATIONS - A NEW LIMITATION BY THE COURTS

• NCJ Number: 35450
• Journal: Journal of California Law Enforcement Volume: 11 Issue: 1 Dated: (JULY 1976) Pages: 9-15
• Author(s): J VAN DEKAMP; G M PALMER
• Date Published: 1976
• Length: 7 pages
• Corporate Author: California Peace Officers Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLES PRESENTS AN ANALYSIS OF A CALIFORNIA SUPREME COURT CASE RESTRICTING THE CIRCUMSTANCES UNDER WHICH LAW ENFORCEMENT AGENCIES MAY INFORMALLY OBTAIN RECORD INFORMATION CONCERNING SUSPECTS.

Abstract

THE COURT'S RULING HELD THAT A PERSON'S RIGHT TO PRIVACY APPLIES TO BANK AND OTHER RECORDS, UNLESS THE INSTITUTION HOLDING THE RECORDS IS NOT NEUTRAL - IS A SUSPECTED VICTIM OF SUSPECT. SEVERAL US SUPREME COURT CASES ARE CITED WHICH ARE SAID TO DENY SUCH AN INTERPRETATION OF A REASONABLE EXPECTATION OF PRIVACY. IMPLICATIONS OF THIS DECISION FOR LAW ENFORCEMENT INVESTIGATIONS IN BANKING AND NON-BANKING CASES ARE DISCUSSED. IN CASES IN WHICH THE INSTITUTION HOLDING THE RECORDS DOES NOT SEEM TO MEET THE NON-NEUTRAL REQUIREMENTS, IT IS SUGGESTED THAT THE DISTRICT ATTORNEY BE CONSULTED. IN THESE CASES, THE COURT REQUIRES RESORT TO 'LEGAL PROCESS', INTERPRETED TO MEAN A SEARCH WARRANT.