[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR59.1]

[Page 142]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 59--GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES--Table of Contents
 
Sec. 59.1  Introduction.

    (a) A search for documentary materials necessarily involves 
intrusions into personal privacy. First, the privacy of a person's home 
or office may be breached. Second, the execution of such a search may 
require examination of private papers within the scope of the search 
warrant, but not themselves subject to seizure. In addition, where such 
a search involves intrusions into professional, confidential 
relationships, the privacy interests of other persons are also 
implicated.
    (b) It is the responsibility of federal officers and employees to 
recognize the importance of these personal privacy interests, and to 
protect against unnecessary intrusions. Generally, when documentary 
materials are held by a disinterested third party, a subpoena, 
administrative summons, or governmental request will be an effective 
alternative to the use of a search warrant and will be considerably less 
intrusive. The purpose of the guidelines set forth in this part is to 
assure that federal officers and employees do not use search and seizure 
to obtain documentary materials in the possession of disinterested third 
parties unless reliance on alternative means would substantially 
jeopardize their availability (e.g., by creating a risk of destruction, 
etc.) or usefulness (e.g., by detrimentally delaying the investigation, 
destroying a chain of custody, etc.). Therefore, the guidelines in this 
part establish certain criteria and procedural requirements which must 
be met before a search warrant may be used to obtain documentary 
materials held by disinterested third parties. The guidelines in this 
part are not intended to inhibit the use of less intrusive means of 
obtaining documentary materials such as the use of a subpoena, summons, 
or formal or informal request.