Law Enforcement Inquiries Policy and Procedure

I. Introduction

The library supports the efforts of our country and community to preserve and protect the safety and wellbeing of all residents.

It also subscribes to the American Library Association’s Library Code of Ethics, Core Values, and Library Bill of Rights with an emphasis on “protecting each library user’s right to privacy and confidentiality with respect to information sought or received, and access regardless of a library user’s origin, age, background, or views.”

The library maintains these commitments through New York State Civil Practice Laws and Rules Section 4509, Library Records (signed into law June 13, 1988) which states:

 “Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films of records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user of pursuant to subpoena, court order or where otherwise required by statute.”

The library will comply with formal and legitimate law enforcement requests by federal, state, or local authorities. The following procedures identify how the library will respond.

II. Procedures for Library Staff and Volunteers

If a law enforcement officer requests library records or information about a library user or staff member:

• Ask for the officer’s identification.

• Inform the officer that staff and volunteers are not authorized to provide confidential information, and library policy requires staff and volunteers to refer them to speak to the Library Director.

• Refer the officer to the Library Director.

If a law enforcement officer requests library records or information about a library user or staff member and the Library Director is not present:

  • Inform the officer that staff and volunteers are not authorized to provide confidential information, and library policy requires staff and volunteers to refer them to speak to the Library Director.
  • Attempt to reach the Library Director, or their designee. If you cannot reach the Library Director or their designee, contact Southern Tier Library System’s Executive Director.
  • Inform the officer an authorized individual will contact them as soon as they become available.
  • Provide the officer’s contact information to the Library Director, or their designee as soon as possible, and inform them of the urgency within your communication.

III. Procedures for the Library Director or Their Designee

  • Ask for the officer’s identification. Record the officer’s name and ask for their contact information.
  • If possible, ask another staff member or volunteer to be present during the interview with the officer.

A. Requests for voluntary assistance or warrantless searches (the officer does not present a subpoena or court order):  

  • Explain the library’s privacy policy, informing the officer that library records and information about library users and library staff are not made available to law enforcement agencies unless a proper court order in good form has been presented to the library.
  • If the officer persists, provide the officer with the contact information for the library’s legal counsel, and ask the officer to speak to the library’s lawyer.
  • If the officer claims that an emergency or other circumstance requires the library to turn over records or provide information without a court order, call the library’s legal counsel [if available] or [if no legal counsel is available] Four County Library System’s Executive Director and ask for assistance.
  • If the officer employs force to take possession of library records or other library property, do not obstruct the search in any way. Keep a written record describing the incident.
  • If a library worker is required to respond to a voluntary request or a warrantless search in the absence of the Library Director, or their designee, all materials should be turned over to the Library Director.

B. If the law enforcement officer presents a subpoena or similar request for records:

  • Accept the subpoena. Inform the officer that the library’s legal counsel responds to subpoenas on behalf of the library, and any information may need to be obtained through the Four County Library System.
  • Turn the subpoena over to the library’s legal counsel. If a library worker accepts service of the subpoena in the absence of the Library Director, or their designee, the subpoena should be turned over to the Library Director.

C. If the law enforcement officer presents a search warrant:

  • Read the warrant and any attached documentation. Verify that it is signed by a judge and is issued by a local state or federal court. If you have questions about the validity of the warrant, call the issuing court to verify the validity of the warrant or order.
  • Identify the items or records specified in the warrant. If the officer will not wait for legal counsel, you may assist the officer in locating the items or records identified in the search warrant in order to prevent review of records or items not named in the warrant.
  • Do not agree to any additional searches or volunteer information about the items or records in the warrant. Do not sign any documents on behalf of the library without the advice of the library’s legal counsel.
  • Ask the officers to provide an inventory of the items or records seized. Ask if it is possible to provide copies to the officers or to make copies for the library’s own records.
  • Do not obstruct the search in any way.
  • If the law enforcement officials are unwilling to cooperate with you, simply step aside and let them do their job. Request that the officer sign an inventory receipt for the materials. Keep a written record describing the incident.
  • If a library staff member is required to respond to a search warrant in the absence of the Library Director, all materials should be turned over to the Library Director.

IV. Immigration and Customs Enforcement (ICE) Visits

A. If ICE seeks library records or information about a library user or staff member:

  • Library staff or volunteers should follow procedures as listed above in law enforcement requests – II. Procedures for Library Staff and Volunteers.
  • Library Director or their designee should follow procedures as listed above in law enforcement inquires – III. Procedures for the Library Director or Their Designee
  • Exception to procedures: ICE may ask to inspect the library’s I-9 forms without a subpoena or court order. The Library Director will work with the library’s legal counsel to ask for assistance while allowing the ICE agent to inspect the I-9 forms in accordance with the library’s HR policies and guidance.

B. If ICE seeks to search and detain a library user or staff member:

  • Library Director or staff should ask for an ICE agent’s ID and administrative warrant if an ICE agent introduces themselves.
  • Library Director and staff will not interfere if ICE agents attempt to detain an individual within designated public spaces of the library.

  • Library Director and staff will inform ICE agents of library spaces that are designated authorized individuals only, when possible,during a search. Such spaces may include staff break rooms, professional offices, study rooms, or conference rooms by reservation. Court-issued subpoenas and warrants are required of ICE agents to search these spaces.

  • Library Director and staff should ask for an ICE agent’s ID and administrative warrant after detainment of a library user if the ICE agent did not provide it prior to detainment. Record as much information as is provided.
  • Library administration will contact legal counsel after detainment as well as the Southern Tier Library System to seek further guidance.

Adopted by the Library Board of Trustees on June 5, 2026.