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Crime & Law Enforcement Issues & Death Penalty/Police Access To Financial Records
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Question
On shows such as Law and Order, officers have absolutely no problem getting financial records on possible suspects. No memtion of a warrant, either. How easy is it for officers to get banks and credit card companies to tell all about a person's finances?
You do need to get a subpoena/court order for the records to serve on the bank, phone company, credit card co.etc.
It's not difficult to get them but in Florida you do have to show the State Attorney you are conducting a criminal investigation and that there is a legitimate need for the records. I don't watch cop shows so I don't know how they do it on Law & Order but the police can't just demand/order a bank turn over records and no bank/credit card co. will without a subpoena/court order.
It's a whole lot easier to get a subpoena for records then it is to get a search warrant which is for searching your personal property/home. Hope this helps...
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thanks. I guess the TV shows are just showing a shortened process in interests of time. I was curious because of an apparent conflict with privacy legislation as I understand it; I live in Canada, so things might be different here. I'll go ask the Mountie. Again, thanks. | ||
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Answers by Expert:
Philip Sweeting
Expertise
Can answer questions concerning police procedures and accepted police practices, specifically : arrest, use of force, internal affairs, recruitment and hiring, constitutional rights and accreditation.
Experience
Have over 26 years of Law Enforcement experience eight of which have been as Deputy Chief of Police. Have worked for the Commission on Accreditation for Law Enforcement Agencies, CALEA, as a team leader, evaluating police agencies throughout the U.S. and Canada. Have a BS degree in Political Science, a graduate of Northwestern University's School of Police Staff and Command, and the Senior Management Institute for Police conducted by the Police Executive Research Forum, PERF. Have consulted and testified for both plaintiff and defense attorneys as an expert witness. WEB: PolicePracticesExpert.com
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