Law Enforcement Visit Procedures
Last Update: April 13, 2004
(Adapted from the American Library Association's "Confidentiality and Coping with Law Enforcement Inquiries: Guidelines for the Library
and its Staff")
- The Library Director is responsible for handling law enforcement requests. If the
director is unavailable, contact the Associate Vice President for Academic Programs
or the Assistant Library Director.
- Library staff should refer the requesting agent or officer to the proper Library administrator,
and should not respond immediately to any request. The Library Director should ask
for identification and contact the UVU campus attorney to advise a plan of action.
- The Director should meet with the agent or officer with the campus attorney or another
colleague in attendance.
- If the agent or officer does not have a court order, the Director should explain the
Library's confidentiality policy and the state's confidentiality law (Utah Code Ann.
§ 63-2-302), and inform the agent or officer that the users' records are not available
except when a proper court order has been presented to the Library.
- The only information the Library Director or staff members are required to give to
the agent or officer are their own names and addresses.
- In cases where the agent or officer persists, the Director should say something like
"as good citizens, the Library staff will not respond to informal requests for confidential
information, in conformity with professional ethics, First Amendment freedoms, and
- If a court order is produced, immediately refer the court order to the campus attorney.
- If the court order is in the form of a subpoena:
- Review with the campus attorney for legal defects.
- If the subpoena is in good form, follow the subpoena strictly, with legal counsel
on the premises, and do not provide any information that is not specifically requested.
- If the court order is in the form of a search warrant:
- Search warrants are executable immediately, and a search of Library records may begin
as soon as the Library administrator is served with the court order.
- Ask to have legal counsel present before the search to allow time to examine the search
warrant and assure that the search conforms to the terms of the search warrant.
- Cooperate with the search to produce the identified records.
- Search warrants issued by a Foreign Intelligence Surveillance Act (FISA) court also
contain a "gag order," meaning no person or institution served with a search warrant
can disclose that the warrant has been served or that records have been produced for
that warrant. The Library staff must comply and no information can be disclosed to
any other party, including the patron whose records are the subject of the search
- After the visit, the Library Director should review the court order with the campus
and procedures, and be prepared to communicate with the news media.