Can Police Request Google Search History Based on an Anonymous Tip?

Question from Mat, Can Police Request Google Search History Based on an Anonymous Tip?

Answer from AI:

Understanding Emergency Disclosure Requests

In the United States, law enforcement agencies can request information from companies like Google through an emergency disclosure request (EDR). This process is typically used in situations where there is an imminent threat to life or serious injury. However, the decision to submit an EDR is based on the specifics of the case and the evidence available.

Criteria for Emergency Disclosure Requests

For police to submit an EDR to Google, they generally need to meet certain criteria:

• Imminent Threat: There must be a clear and immediate danger to life or serious injury.
• Specific Information: The request must be specific about the nature of the threat and the information needed.
• Credible Evidence: The tip or information provided must be credible and verifiable to some extent.

Anonymous Tips and Credibility

An anonymous tip alone, especially one without substantial evidence, may not be sufficient for law enforcement to submit an EDR. In your scenario, the tip about your ex-wife planning to bomb a place based solely on her Google search history might not meet the threshold for an EDR. Law enforcement would likely need more corroborative evidence to establish the credibility and immediacy of the threat.

Steps Law Enforcement Might Take

If you provide an anonymous tip, here’s a general outline of what might happen:

1. Initial Assessment: Law enforcement will assess the credibility of the tip. They may look for additional evidence or context to support the claim.
2. Investigation: If the tip is deemed credible, they may initiate an investigation, which could include surveillance, interviews, or other methods to gather more information.
3. Request for Information: If the threat is considered imminent and credible, they may submit an EDR to Google or other relevant entities to obtain the necessary information.

Legal Framework and Resources

The legal framework for EDRs is governed by various laws and regulations, including:

• 18 U.S. Code § 2702 – Voluntary disclosure of customer communications or records
• Department of Justice Guidelines on Emergency Disclosure Requests

When to Consult a Legal Professional

If you are concerned about a potential threat or the legal implications of providing a tip, it is advisable to consult with a legal professional. They can provide personalized advice based on the specifics of your situation and help you understand the potential legal outcomes.

Note: This information is intended to provide a general understanding of the topic and should not be construed as legal advice. For personalized legal advice, please consult a qualified attorney.