FC: Colorado high court won't order bookstore to turn over records

From: Declan McCullagh (declanat_private)
Date: Tue Apr 09 2002 - 06:39:28 PDT

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    http://www.nytimes.com/aponline/national/AP-Bookstore-Records.html
    DENVER (AP) -- The Colorado Supreme Court refused to order a bookstore to
    turn over its sales records to police on Monday, overturning a lower court
    decision demanding the records as part of a drug investigation.
    In a 53-page ruling, the court said police erred when they went after the
    records to establish which books a suspect had purchased.
    
    ---
    
    From: hporterfat_private
    Date: Mon, 08 Apr 2002 17:35:13 -0600
    Subject: Tattered Cover Bookstore
    To: declanat_private
    
    i'm not sure if this is the right link...
    
    Declan,
    
    I don't know if you've gotten this yet or not but in Denver The Tattered 
    Cover Bookstore has won it's case before the Colorado Supreme Court.  Thort
    
    <http://www.denverpost.com/Stories/0,1002,53%257E514319%257E36%257E474,00.html#RESULTS>http://www.denverpost.com/Stories/0,1002,53%257E514319%257E36%257E474,00.html#RESULTS 
    
    
    Monday, April 08, 2002 - 10 a.m. - The Colorado Supreme Court today refused 
    to order a book store to allow police to see its sales records as part of a 
    drug investigation.
    
    In a 53-page decision, the judges said police erred when they went after 
    the records to establish who purchased books on drug manufacturing. The 
    court said the search warrant should never have been issued in the first 
    place.
    
    They said the recognize that the First Amendment and a section of the 
    Colorado Constitution "protect an individual's fundamental right to 
    purchase books anonymously, free from governmental interference."
    
    ...
    
    -Harry Porterfield
    
    ---
    
    For further information, contact:
    Chris Finan, American Booksellers Foundation for Free Expression
    (212) 587-4025
    
    For Immediate Release
    
    Tattered Cover Victorious in Battle Against Search Warrant
    
    DENVER, April 8, 2002--The Colorado Supreme Court today
    reversed a court decision that required Denver's Tattered Cover Book
    Store to turn over information about books purchased by one of its
    customers.  In a decision by all six of the participating justices, the
    Supreme Court ruled that the search warrant issued to the Tattered
    Cover violated both the First Amendment and the Colorado Constitution's
    guarantee of free expression.  "Had it not been for the Tattered
    Cover's steadfast stance, the zealousness of the City would have led to
    the disclosure of information that we ultimately conclude is
    constitutionally protected," the Court declared.
    
    In its 51-page decision, the Court said that search warrants
    targeting bookseller records pose such a grave threat to free
    expression that in the future they should only be issued after a
    hearing at which the bookseller has an opportunity to oppose them.
    "Search warrants directed to bookstores, demanding information about
    the reading history of customers, intrude upon the First Amendment
    rights of customers and bookstores because compelled disclosure of
    book-buying records threatens to destroy the anonymity upon which many
    customers depend," the Court said.
    
    Although the decision will apply only to the Colorado courts,
    it will have national significance, Chris Finan, president of the
    American Booksellers Foundation for Free Expression (ABFFE), said.
    "The Colorado Supreme Court has issued the strongest opinion by any
    court on the importance of protecting customer privacy in bookstores.
    It will influence judges deciding future cases involving bookstore
    search warrants and subpoenas," he explained.
    
    There has been an alarming increase in the number of bookstore
    subpoenas and search warrants since Independent Counsel Kenneth Starr
    subpoenaed Monica Lewinsky's book purchase records in 1998, Finan
    added.  In the last two years, there have been four cases involving
    search warrants or subpoenas for bookstore customer information.
    However, the bookstores successfully resisted these demands.
    
    The Tattered Cover case began in April 2000 when police
    attempted to serve a search warrant for the records of a Tattered Cover
    customer who was suspected of illegally manufacturing methamphetamine.
    The warrant sought a list of the customer's book puchases over a 30-day
    period as well as information about the contents of an empty Tattered
    Cover envelope that was found in the trash outside the suspect's home.
    The police wanted to know if the envelope had contained two books on
    manufacturing methamphetamine that were found inside the home.  In
    October, a Denver District Court judge narrowed the scope of the
    warrant but ordered Tattered Cover to identify the contents of the
    envelope.
    
    ABFFE has helped raise money to pay Tattered Cover's legal
    bills.  It has also organized amicus briefs on Tattered Cover's behalf.
    
    ---
    
    
    
    
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