Re: searching bags

["Richard Matthews" <rmatthew@xxxxxxx>]

Dear Ms. Brown,

Your e-mail letter has been forwarded to me

I looked in several works on library law and also consulted a legal periodicals index to find information on rights concerning the search of public library patrons'  bags or belongings.  I'm afraid I didn't find anything to point you in the right direction.

The situation appears to involve the complexities of search and seizure law.  Trying to get a bit of a handle on the issues, my quick investigation into a few cases interpreting the Fourth Amendment to the U.S. Constitution indicates one should be concerned about judicial decisions, as well as statutes.  It appears at least one state legislature has authorized searches by library employees under specified limited circumstances.

My search --- by no means exhaustive --- failed to turn up a guide.  Best wishes in pursuing your research.

Sorry I couldn't be of greater help.

Richard Matthews, OIF

_______________________
Richard J. Matthews
Deputy Director
Office for Intellectual Freedom
50 East Huron Street
Chicago, IL  60611-2795

<rmatthew@xxxxxxx>
800 545 2433 ext. 4224
312 280 4224
Fax: 312 280 4227

>>> "Karen Brown" <kebrown@xxxxxxxxx> 11/30 12:38 PM >>>
Here at NEDCC we are currently updating our manual, Preservation of Library
and Archival Materials, to be a full-text, Web version 3rd edition,
expected to be complete early in 1999.  One of the new leaflets is on
collection security.

We were wondering if anyone could recommend any good articles/books, or has
had personal experience, regarding privacy issues *and* the searching of
bags/belongings when patrons exit *public library* buildings.  These issues
differ from use of archives and special collections, e.g., lockers are not
provided, no constant supervision, no formal registration, etc. Recently,
there has been some question whether libraries have the legal right to
search bags, etc.  

Any input on this would be extremely helpful.  Thank you, and pardon any
cross-posting.   Karen

******************************
Karen E.K. Brown
Field Service Representative
Northeast Document Conservation Center
100 Brickstone Square
Andover, MA  01810-1494
kebrown@xxxxxxxxx 
Tel.(978) 470-1010
Fax (978) 475-6021
http://www.nedcc.org 

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