What is the requirement under 5743 for requesting records (not content)?

The requirement under 5743 for requesting records (not content) being reasonable suspicion is grounded in the principle that law enforcement must have a credible basis for their request without needing the higher threshold of probable cause, which is typically required for more invasive forms of surveillance or evidence collection.

Reasonable suspicion involves the belief that criminal activity may be afoot, based on specific and articulable facts rather than a mere hunch. This standard allows law enforcement agencies a degree of flexibility in obtaining records that can help them investigate potential criminal behavior while still respecting privacy rights.

Using reasonable suspicion means that agencies can act on credible leads or indications while balancing the need for public safety and the protection of individuals’ rights. The other options present higher thresholds of evidence that are not required for simply requesting records, which highlights why reasonable suspicion is the appropriate standard in this context.