What is required by law for Police to seize third-party records from a victim or witness?

Informed consent or judicial authorization is required by law for police to seize third-party records from a victim or witness. This requirement is in place to protect individuals' privacy rights and to ensure that information is obtained lawfully.

When police are gathering evidence or conducting an investigation, they must respect the confidentiality of victims and witnesses. Informed consent ensures that individuals are fully aware of what information is being sought and agree to the release of their records. This consent must be informed, meaning the individuals understand the implications of providing their information.

In cases where informed consent cannot be obtained—perhaps because the victim or witness is unavailable or unwilling to provide it—judicial authorization serves as a legal gateway. A judge may review the circumstances and grant authorization for the police to seize the records if it is justified under the law. This dual requirement reinforces the importance of balancing the needs of law enforcement with the rights of individuals to keep their personal information private.

Other options do not adequately reflect this critical balance of rights and legal process. Police discretion alone lacks the necessary oversight that prevents potential abuses of power, while seeking only judicial authorization does not account for situations where consent can be reasonably obtained.