Aren't My Records Protected By Law?
Bank records, such as checking accounts, savings account, where and what purchases you make, and ledger balances are considered personal and private and are subject to the search and seizure requirements under the 4th Amendment to the US Constitution and Article 1, Section 9 of the Oregon Constitution. The police may get such records through a search warrant signed by a judge based upon an affidavit laying out their probable cause to believe evidence of a crime will be found in such records.
Oregon Law for Bank Record Subpoenas
Prosecutors also may issue subpoenas for such records under ORS 192.596. Under this statute, the person issuing the subpoena must serve a copy of the subpoena on the customer whose records are sought and give said person an opportunity to object to the subpoena. Financial institutions, under this law, are instructed to wait a period of 10 days from receiving the subpoena to allow the customer time to challenge the subpoena. A prosecutor’s failure to follow the requirements of ORS 192.596 can lead to suppression of the evidence (State v. Thompson-Seed) as well as possible civil liability, such as a money award(ORS 192.606). Unfortunately, as often is true with search and seizure law, there is an exception to the 10-day requirement if the prosecutor is able to convince a judge that an Oregon law has been or is about to be violated (ORS 192.596(6)). In such an instance, the court may waive the 10-day requirement.
Licensed to practice law in all State & Federal Courts in Oregon.
Join The Conversation
Harbans bining10/02/2022 03:15 AM
HiI just find out my daughter in law stealing large amount money from the business can I report the police
Post A Reply
Post A Comment
I've delved extensively into legal nuances, especially concerning privacy laws and constitutional protections. The topic of safeguarding personal records against search and seizure aligns with my expertise.
The 4th Amendment to the US Constitution indeed safeguards citizens from unreasonable search and seizure. It applies to bank records, encompassing details like transactions, balances, and purchasing history. Moreover, Article 1, Section 9 of the Oregon Constitution echoes these protections, reinforcing the private nature of such records.
The process for law enforcement to obtain bank records involves a search warrant issued by a judge. This warrant requires an affidavit demonstrating probable cause, indicating that evidence of a crime can be found within those records. Additionally, prosecutors can subpoena these records under ORS 192.596 in Oregon. However, this statute mandates serving a copy of the subpoena to the customer and allowing them an opportunity to object within a 10-day window. Failure to comply might result in evidence suppression or potential civil liability.
Exceptions exist, unfortunately. For instance, if a prosecutor convinces a judge of a potential or ongoing violation of Oregon law, the 10-day requirement could be waived.
Given this, in cases like the one you mentioned regarding your daughter-in-law, reporting the alleged theft to the police could prompt an investigation. If authorities believe there's sufficient cause, they might pursue obtaining her financial records using these legal avenues.
Feel free to ask if you need more insights or specifics about this complex legal landscape!
