If any staff members is approached by a law enforcement officer, the officer’s identification should be requested and presented. The staff member should immediately contact the Director/Regional Office. No staff member is allowed to provide any information in regards to customer’s records in accordance with the library’s confidentiality policy and the state’s confidentiality policy (MO Revised Statutes 182.817). A law enforcement officer cannot be given any information without a subpoena.

5.141 Procedures for Law Enforcement Inquiries with a Subpoena

· If any staff member is approached by a law enforcement officer with a subpoena, the officer’s identification should be requested and presented.

· The staff member should immediately contact the Director/Regional Office.

· Legal counsel should be called once the subpoena has been served. (There is generally a one week period of time to respond to a subpoena.)

· No staff member is allowed to provide any information in regards to patron’s records, in accordance with the library’s confidentiality policy and the state’s confidentiality policy.

5.142 Procedures for Law Enforcement Inquiries with a Search Warrant

· The same procedures can be used as under an inquiry with a “subpoena”.

· Once the warrant has been served the law enforcement officer may begin to search the library records.

· Inquire if library counsel can be present before the search begins in order to allow counsel to examine the search warrant and to assure the search conforms to the terms of the search warrant.

· Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other patron’s records are viewed or scanned.

5.143 Procedures for Law Enforcement Inquiries with a Warrant Issued Under the Foreign Intelligence Surveillance Act (FISA) (USA Patriot Act Amendment)

· The same procedures can be used as under an inquiry with a “subpoena”.

· A search warrant issued by a FISA court also contains a “gag order”. This means that no person or institution served with the warrant can disclose that the warrant has been served or that records have been produced pursuant to the warrant.

· The library and staff must comply with this order. No information can be disclosed to any other party, including the patron whose records are the subject of the search warrant.

· The gag order does not change the library’s right to legal counsel. A request can be made to have legal counsel present during the search and execution of the warrant.