Hilton M. Briggs Library Policies

SUBJECT: Legal Requests for Library Records

NUMBER: 10.5

1. Purpose

To establish the procedures to follow if and when presented with a search warrant, court order, or subpoena.

2. Policy

Records of individual borrowing, searching activity, or reference questions must not be revealed to anyone outside of the library staff except when compelled by a search warrant, court order, or subpoena. All spaces in the library are subject to search upon official legal request.

3. Procedures

A search warrant may require immediate action. If a search warrant is presented, a library employee should:

• Review the official’s credentials.
• Review the search warrant request.
• Notify the Dean of the Library or designee, who will consult with legal counsel as needed.
• Comply with the search warrant.

A court order or a subpoena typically does not require immediate action. If a court order or a subpoena is presented, a library employee should:

• Notify the Dean or designee, who will forward the order to the university legal counsel.

Contact one of the following people in the order listed. Emergency phone numbers can be found on the staff phone tree under Related Documents (internal document):

• Dean of the Library at 688-5106
• Head of Public Services at 688-5572
• Head of Technical Services at 688-5565
• Archivist and Special Collections Librarian at 688-4906
• Financial Program Assistant at 688-5106
• Library Operations Manager at 688-5564

4. Related Documents

• SDBOR Entry, Search and Seizure Policy
• SDSU Student Records (FERPA) Policy
• SDSU Acceptable Use of Information Technology Systems
• Briggs Library Staff Phone Tree (this document is not publicly available)

5. Responsibility

The Dean of the Library or designee is responsible for implementation and ad hoc review of this policy and annual review of procedures. The Policy and Procedures Committee is responsible for review of this document every four years. The Dean of the library is responsible for implementation and enforcement of this policy.

SOURCE:

Reviewed by: Library Faculty August 6, 2020

Approved by: Dean of the Library December 21, 2020

Vice President Michael Reger August 7, 2002

Originally adopted: August 7, 2002

Revision dates: October 6, 2016; December 21, 2020