Administration of Justice Bulletin #2009/05

Prosecution and Law Enforcement Access to Information about Electronic Communications

Thursday, October 1, 2009

Law enforcement officers and prosecutors frequently wish to access information about a suspect's electronic communications, such as phone calls, text messages, and e-mails. This bulletin explains the legal standards and procedures governing such access, as well as the remedies available for noncompliance with those procedures. The bulletin covers both state and federal law, and addresses both statutory and constitutional considerations. It is intended for use by judges, lawyers on both sides, and officers.

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Public Officials - Courts and Judicial Administration Roles