Can records of custody court cases be searched in NYC? If so by whom? Person A has a need to find person B. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within last 4 years, B was a parent involved in a court case where their older adult child won custody of their younger underage child from them. Some information about the children is known but not precise identity (let's say birthday and first name for one of them is known; as well as ages). The only way I can think of to find person B would be to review every single court case involving custody in New York City, and see if the information about the winners matches the known info. Question #1: is this even possible? Is there some sort of central database which contains details of all recent court cases involving custody of children in New York City? Question #2: If this is theoretically possible, who would have access/privilege to do this? Any random person? A registered lawyer? Police? Court officer? I am assuming that custody case info would be somewhat protected, unlike criminal cases, but do not know enough to be sure.
Question #1: is this even possible? Is there some sort of central database which contains details of all recent court cases involving custody of children in New York City? Yes, it is possible. The court clerk for each respective court in the State of New York maintains a list of every case pending that court that goes back many years in electronic form, and there is some minimal classification by case type although the classifications used might not precisely match what you are looking for - it might be necessary to include more than one kind of case and some classification categories might be over broad for your purposes. There are probably at least three courts that could have jurisdiction over this kind of case in New York City. The Supreme Court (i.e. the trial court of general jurisdiction) which has jurisdiction over custody cases that are incident to a divorce or legal separation and in certain other cases, for example, criminal felony child abuse and neglect cases take place in the Supreme Court; the Family Court, a court of limited jurisdiction which lacks jurisdiction over divorces and legal separations but often handles custody matters involving unmarried couples, custody determinations incident to allegations of child abuse or neglect, and post-decree child custody matters; and the Surrogate's Court, which handles custody determinations incident to deaths and incident to some incapacity determinations (as guardianships of minors) and if I recall correctly, incident to adoptions. It also isn't inconceivable that a de facto custody decision could also be made in another court incident to issuance of a protective order or criminal case. It is also quite possible that there may be multiple related cases in the same or separate court. For example, there might be a child abuse and neglect case terminating person B's parental rights in family court, and then a guardianship of a minor case appointing the adult child as guardian of the minor child in Surrogate's Court. It is quite possible that more than one database (or portion of a centralized database) would have to be reviewed, rather than a single database. When I practiced law actively in New York there was not a single database, but that was more than 20 years ago and given the explosive improvement in information technology that has taken place since then, it would not surprise me at all if some or all of the relevant databases have since been consolidated. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within last 4 years, B was a parent involved in a court case where their older adult child won custody of their younger underage child from them. Some information about the children is known but not precise identity (let's say birthday and first name for one of them is known; as well as ages). Notwithstanding my answer to question #1, it wouldn't be easy. While birthdays and ages would be present in documents filed in the various court cases, they would not be indexed centrally. The index of case names would contain the names of the parties to the case, the general case type, and the case number, and possibly the assigned judges and the attorneys who entered an appearance in the case. Difficulties Involved In Searching By First Name Unless the first name was very unique, locating it in a central index could be very difficult. Also, it isn't at all uncommon for the day to day name that someone uses to differ from the person's legal name used in the court case caption, or for the person's name to be misspelled due to lack of accurate information or clerical error, or for a nickname of someone to be used instead of their legal name. For example, suppose that the person you are searching for has the legal name: Jonathan Ralph Lee. This could easily have an indexed first name of Jonathan, Jonathon, Johnathan, Johnathon, Jon, John, Ralph or some totally unrelated nickname in the central index. I know someone, for example, whose legal name is "Claire" who uses the name "Denny" which has no source in any part of her legal name, in all circumstances except legal documents, because at one point in her life that is what other people and she started to call her (for reasons that are not entirely clear to me), and it stuck. A nickname totally unrelated to a legal name is particularly common among people who immigrate to the U.S. or have parents who do, whose legal name is not commonly used in the U.S. For example, I know someone born in Korea whose true name is Hei-Hyun who used the name June, which she used in English as a second language classes when she was first learning English abroad, in almost all circumstances except in legal documents. In those cases, either the legal name or the nickname could easily appear in court documents. Everyday use of a middle name rather than a true first name is particularly common when father and son have the same true names apart from Senior and Junior or the third, for example, and when the first name is less common or otherwise embarrassing or overlaps with a classmate. I've also known people who used a first name growing up and then later transitioned to a middle name at some point (often upon moving to a new school or new place) and people who have transitioned in the opposite direction under similar circumstances, in each case in connection with a desire of the person involved to "reinvent" themselves. Other Information Which Would Greatly Help In Searching It would be extremely helpful (cutting the number of cases involved dramatically) to know which borough within New York City this took place in, because at the level of court administration, each borough of New York City is a separate county with a separate set of court clerks and all case indexes would reveal the borough in which the case was brought. The more you can narrow the time period, the easier it is for you to conduct the search. If you knew the name of the school that the younger child who was subject to the custody order attended at any time and the younger child's first name and ethnicity, attempting to locate and review school yearbooks and newsletters in the relevant time period (often children are identified by name in newsletters listing children who won academic or attendance or sports awards, or who participated in special field trips, for example) would provide a much more solid basis for a further search of records related to person B, because this would give you a full name for the child and would also establish the most likely borough in which the records would be located. Often a list of parent names at the school can be found in PTA newsletters or lists in school newsletters of parent volunteers who are being thanked. If you knew the address of person B or the younger child or the older child at some point, this would be very helpful. If they lived in a home that they owned you could search property records to find a name of person B or someone related to person B. If they rented, you would still narrow down the likely school that the younger child attended, the likely courts in which the action could have taken place, and you could go in person to the neighborhood and ask former neighbors. Either a first name or a surname for person B, the parent, would also be extremely helpful, although a full name and borough of residence for person B would be much better and might limit the search, if you were authorized to make it, to just a handful of names. Knowing person B's gender would also help. If person B is the father, usually the child's surname will be the same as the father, while if person B was the mother and not married to the father, this would be much less common. The more you know about the precise nature of the proceeding, the better. It would be very unusual for an adult child rather than a parent to be awarded custody of a minor child outside of an abuse and neglect proceeding terminating person B's parental rights, or an adoption proceeding in which person B voluntarily relinquished his or her parental rights. So, the odds are good that you would want to search records in Family Court or Surrogate's Court, rather than in the Supreme Court which handles matrimonial actions. If person B were prosecuted criminally for child abuse or neglect, there is a very good chance that the person is incarcerated in a state prison at this time and so a search of prisoners with the right partial name who were incarcerated at about the right time and were of the right gender could be fruitful. This would be particularly helpful if person B is a woman because there are far fewer incarcerated women than there are men, and there are far few women's prisons than there are men's prisons. Knowing the name of the judge who handled the case would be extremely helpful and would greatly narrow the scope of the search. Also, if you identified the case with sufficient specificity in a request to the judge who handled the case to allow you to gain limited access to court records, it is quite likely that the judge would be able to identify the exact case involved with the help of court clerks from memory or partial memory of the case, making it much more likely that the judge would let you access the information that you needed. Media accounts of a case and appellate opinions arising from case (which are often publicly available in redacted form) are much more likely to identify the name of the judge than the name of the parties in a case involving a minor child. Knowing who represented person B as a lawyer, or in the alternative, knowing that person B was not represented by a lawyer, would help narrow the list considerably. If you knew who the lawyer was, calling the lawyer's office and asking in a manner that explained your need to know would probably be more likely to provide information that obtaining it directly from the court system. Knowing the name of the opposing counsel would be almost as helpful. If you new that person B acting pro se in the case, you could eliminate from the list all cases in which all parties were represented by a lawyer. This search could be made considerably more powerful if you knew the gender of person B as this would allow you to narrow the search to cases where someone of person B's gender was not represented by a lawyer. If the case was an abuse or neglect case, it would have been prosecuted in the name of the State or the People, so you would look for cases where the defendant was not represented by counsel without regard to the attorney for the plaintiff. Question #2: If this is theoretically possible, who would have access/privilege to do this? Any random person? A registered lawyer? Police? Court officer? Usually cases involving juveniles are closed to the general public, so to access them, you would need to be an "interested party", and neither a "random person" nor a lawyer admitted to the bar in New York State could do so without that connection. It might be possible to search case names that might contain the name of the child or the sibling without being allowed to access the contents of the file in some cases, I am not entirely sure on that point. If the case were incident to a case in which the child or the sibling was not a named party (e.g. the probate of a parent), this might not be sufficient to even identify the right case, however. A good summary regarding access to court records in New York State is available here. In some of the pertinent parts, it states: A number of statutes limit access to court records where the interest in confidentiality outweighs the public interest in disclosure: A. Family Court Records Access to court records in the Family Court is governed by Section 166 of the Family Court Act, which provides that the records of any proceeding in Family Court are not open to indiscriminate public inspection. In order to access a particular Family Court record, the requesting party must make an application to the Court and set forth the reasons for the request. It is solely within the discretion of the Court whether to permit the inspection of such records. Certain individuals, such as the parties and their representatives, are permitted access to Family Court records without application to the Court. 22 NYCRR205.5 Given that "B was a parent involved in a court case where their older adult child won custody of their younger underage child from them.", it is conceivable that one could articulate a reason for the need to do the search that a Family Court judge would authorize, but that would depend to a great extent on the precise nature of the reason for the search. It helps that the person you are actually searching for is an adult who would have been a named party in the case, and not the actual minor child. But, a Family Court judge would probably be pretty reluctant to authorize a search on behalf of someone who didn't even know the name of the person being searched for and instead only knew the first name and age of one of that person's children. In part, this is because it indicates that the "need" to locate person B is not very strong, and in part, this is because the search would be much more intrusive requiring review of actual court filings in many cases rather than merely reviewing the index of cases. It further states: B. Civil Actions Like criminal proceedings, civil actions are presumptively open pursuant to the guarantees under the First Amendment. Unlike criminal actions that present constitutional considerations for criminal defendants, in civil actions the First Amendment guarantees must be measured against the public interest in requiring disclosure. Family Court Proceeding The declaration in Section 4 of the Judiciary Law of a presumption of public access to court proceedings does not differentiate among the courts, and therefore applies to the Family Court, subject to any other statute that gives special treatment to Family Court proceedings. As such, there is also a presumption of openness to all Family Court proceedings, and Section 205.4 of the Uniform Rules [22 NYCRR] expressly provides that the Family Court is open to the public, including the media. However the presumption can be overcome on a case-by-case basis by an overriding interest that closure is essential to preserve higher values. See e.g., Globe Newspaper Co. v. Superior Court, 457 US. 596, 608; Matter of Ruben R., 219 A.D.2d 117 (1st Dept.),lv. to app. denied 88 N.Y.2d 806 (1996) (holding potential trauma to mental and physical well-being of children required closure of child protective proceeding to public and press); Matter of Katherine B., 189 A.D.2d 450 (2d Dept. 1993) (holding public properly excluded from child protective proceeding where compelling testimony established that child would be adversely affected). Section 205.4 (b) of the Uniform Rules [22 NYCRR] provides specific factors that a judge may consider in determining whether to close the courtroom or to exclude specific individuals, such as preserving courtroom decorum, avoiding a disruption in the proceedings, and serving the orderly administration of justice, including privacy interests of individuals before the court and the need to protect litigants from harm. Matrimonial Proceedings Domestic Relations Law § 235(2) grants the court the discretion to exclude the public if "the public interest requires that the examinations of the witnesses should not be public." Because matrimonial proceedings include matters concerning child custody, visitation and maintenance, aside from potential embarrassment to the litigants in a public proceeding, the public interest standard may protect minors from public testimony. See CPLR 4019; Matter of Lincoln v, Lincoln, 24 N.Y.2d 270 (1969) (trial court had discretion to interview the child in a custody proceeding in private). Adoption Proceedings Given the nature of adoption proceedings, the proceedings are confidential and held in closed courts, and the records pertaining to adoptions are sealed pursuant to Domestic Relations Law § 114. See Matter of Walker, 64 N.Y.2d 354 (1985) (setting forth the considerations for deeming adoption records confidential). Mental Competency Proceedings The media has a qualified right of access to competency hearings, whether held pursuant to the Mental Hygiene Law or the Criminal Procedure Law. See Matter of New York News v, Ventura, 67 N.Y.2d [sic] C. Matrimonial Actions Section 235 of the Domestic Relations Law provides that neither an officer of the court with whom the proceedings in a matrimonial action or a written agreement of separation is filed or an action or proceeding for custody, visitation or maintenance of a child are filed, or before whom testimony is taken, or his clerk, either before or after termination of the suit shall not permit a copy of any pleadings, affidavits, findings of fact, conclusions of law, judgment of dissolution, written agreement of separation or memorandum thereof, or examination to be taken by any person other than a party, or the attorney or counsel of a party, except by order of the court. D, Confidential Records Records contained in a court file that are deemed confidential may not be disclosed absent a court order including the following: . . . • Court records in sex offense cases that might identify the victim. See Civil Rights Law § 50-b. • Mental health records, including records of commitment, retention and discharge proceedings of the mentally ill and mentally retarded (see Articles 9 and 15 of the Mental Hygiene Law; CPL 330.20) and clinical records submitted in connection with the proceedings (see Mental Hygiene Law § 33.13[c]). . . . • Records of adoption proceedings. See Judiciary Law § 90.10. • Other records or documents that have been sealed or designated confidential by the court. I am not completely clear on the extent to which the case name itself is suppressed, as opposed to merely the contents of the case file in some of these situations, but where the name of a child is suppressed due to confidentiality this often extends to the name used in the caption and indexing of a court case that is available to lawyers not involved in the case and the general public. A court official would have authority to look at the information, but probably wouldn't be allowed to disclose it to you in any situation where you or a random lawyer was not allowed to do so, for the reasons set forth above. I can imagine circumstances in which the police or the prosecutor's office would be allowed to review sealed juvenile custody case records in furtherance of a criminal prosecution or potential criminal prosecution, but I couldn't tell you how they would go about getting that authorization as I have never practiced criminal law and am not familiar with that level of procedural detail in New York State. But, it is hard to imagine law enforcement coming to your aid in the circumstances you describe, although without knowing the reason that you want to locate person B, it is hard to know for sure.
In 50/50 custody you have the right to stand your ground to ensure the safety and well being of your children. You do not need to involve police unless it is an emergency. &quot;911 Operator, what is the emergency&quot;. Only call them when you feel your children are in grave danger. For example, you know for sure that the other parent is drunk and driving, or the other parent is drunk and on the ground unable to move and the child is in danger, etc. If you involve the police over your partner excessive drinking than, and they find that she was not excessively drinking, you will face false accusation charges and her lawyer will try to make you look like the bad guy trying to take away her children. how drunk does my ex have to be for me to deny a drop-off? Is it entirely based upon outward signs or blood-alcohol level? You should not search for drugs or alcohol, or administer tests, as to avoid the accusation of an illegal search. You can, however, based on your judgment of common sense assess the situation and see how drunk (s)he is and make your decision based on that circumstances. Make a 1-page log to document the date, time, situation description (3-5 sentences of what you see and why you make that decision.) It would be wise to have a witness around, so write down the person name as well for reference, (NOT MANY PEOPLE LIKE TO BE WITNESSES, But you can write down the people names that you know were around that incident.) Don't tell your partner that you are making the log. Suprise them in the court when you have a full page of incidents due to drinking. Am I correct in assuming that in order to protect myself from being accused of denying visitation, that (in the future) I need to involve the police if I suspect her of being intoxicated? *Always protect yourself! Be Your Own Advocate. * Don't involve the police unless its am emergency, read the first comment above. If I involve the police, do I need to be sure that she is extremely intoxicated in order to avoid a &quot;false alarm&quot;? (Obviously, this scares me as I'd prefer she didn't drink at all) This drinking incident is alarming itself. However, you should consult with your family law attorney. I would say that document five issues if it exceeds 5 in one month than filing a motion with the court to adjust the drinking problem, and that you request the child to be with you 60/40 custody. You must be able to demonstrate that you have the time, commitment and resources to take over the 60/40 custody. What options do I have, if any, if she drinks around him in her own home? Is she within her legal right as long as she doesn't get in a car, doesn't pass out or does something blatantly abusive? File a motion to adjust the custody, speak with your family law attorney.
Yes in general Generally, almost all western jurisdictions (be they civil law or common law) have some way to get medical records into evidence, be that via subpoenaing, or by discovery requests or court orders. In most cases, the party that brings the suit is also the patient or their legal representative, and they give (or imply) consent to the use of the records. And in cases where the defendant's medical records are required, usually, the defense wants those in too to prove some condition. And then there are cases where the state or their representatives brings the charge. They usually can bring a warrant or court order to obtain the documents. Then there are Medical records that had been made specifically on the behest of the state. Here, the warrant is usually filed to obtain the samples or access to the body to be investigated, the record itself forms the basis for the investigators to proceed - and is not under client-doctor confidentially in the first place. It had been made specifically for the state and it is a state-owned medical record, be they made on request of the executive power (police) with a warrant signed by a judge or on behalf of the judicative after a court order to evaluate capacity (see below). However, medical records can generally only be obtained if the records are relevant to the case at hand and only to the degree necessary: You can't request the medical records about a person's fertility status in a case that discusses damages for his broken arm. As a result, the medical record available in court might be only an extract from the original, with irrelevant passages sealed or redacted. Unlike many people think, it's quite common to get some medical records into court in some way or another: As the basis of injury cases If you have a case of physical injury, the injuries themselves need to be proven in court. This is done generally by getting the medical records - thus they can be subpoenaed by a party, usually the injured party here. Then a medical expert can discuss them, be they a court-appointed one or paid by either of the parties. In this category also fall mandatory reports of certain types of wounds or situations. As such, the treating doctor has to provide a medical report with enumerated types of injuries, like bullet wounds or where child abuse might be the reason. Very necessarily in malpractice cases Malpractice is pretty much injury on steroids: the injuring party made the records and would never want to give them up to the one suing them - if they could. Alice shall remove Appendix. It goes haywire and the day after Charly needs to cut Bob open again. Now Bob sues Alice for malpractice. Bob needs medical records from both Alice, the doctor who botched it, and Charly, who was fixing Alice's error. Generally, both records are subpoena-able to the degree relevant and necessary, and indeed the opposing medical opinions on the operation and records form the very basis of the case for either side. Without the ability to subpoena the - in this case unmodified - records from the injuring doctor, proving - or defending - a case of malpractice would be impossible: the very truth of the allegation should be in the medical records. It's routine in cases around death What is the very last medical record a person can ever get? An autopsy record! That's a very sensitive medical record, but they routinely are used in homicide cases. Oftentimes, the investigators also subpoena the medical records of the victim from their doctors to corroborate the autopsy record, while the defense might subpoena them to try and disprove it. Even in civil cases, like the OJ-Simpson civil damages case, autopsy and medical records from an accompanying criminal case can and will be &quot;pulled&quot; (copied over) from the other trial's docket. Regularly in child protection cases Whenever child protection is on the line, be them protective orders or who a child will live with after the child protection service (whatever its name is) is in on a case, then medical records are often required to bolster one side. Those records could be medical records from quite many doctors, be they physicals or psychological evaluations... Sometimes the medical records required here are only created due to court-ordered medical or psychological evaluation by a doctor. Whenever incompetence defense is called When the lawyer claims temporary incompetence or insanity, courts generally order a psychological evaluation. These medical records are evidence, but usually don't need to be subpoenaed: they have a waiver form to be disclosed to the court almost built-in. Are they available to the public? Medical records are part of truth-finding, but they are also quite sensitive. As a result, most medical records can not be gotten from the court and enter the dockets under seal. Another option is, that they enter the docket partially or even mostly redacted, with passages blackened.
You will have to litigate this issue anew in the divorce. When there has been a major change in circumstances, issues related to custody can be relitigated, even if there isn't a remarriage. In this case, both the marriage and the fact that nine years have passed since the original order constitute a substantial change in circumstances. At the time the order was entered, there was an 18 month old with parents who didn't live together. The child is now 10 years old and has lived with both parents without regard to any custody order for at least seven years. These are completely different circumstances so custody issues must be revisited. As @mkennedy notes in the comments, it is even likely that the court or someone acting on behalf of the court would consider the opinions of the child at this point, which obviously wasn't possible the first time around. Generally speaking, the way that the "best interests of the child" standard that applies in a case like this one is interpreted is to come as close to maintaining the pre-divorce status quo as possible in light of the separation of the parents. The most relevant section of the Missouri Revised Statutes to this issue is as follows: § 452.410. Custody, decree, modification of, when Except as provided in subsection 2 of this section, the court shall not modify a prior custody decree unless it has jurisdiction under the provisions of section 452.450 and it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child. Notwithstanding any other provision of this section or sections 452.375 and 452.400, any custody order entered by any court in this state or any other state prior to August 13, 1984, may, subject to jurisdictional requirements, be modified to allow for joint custody in accordance with section 452.375, without any further showing. If either parent files a motion to modify an award of joint legal custody or joint physical custody, each party shall be entitled to a change of judge as provided by supreme court rule.
The main rules in a civil case are the rules of evidence, the rules of civil procedure, and a set of largely unwritten rules governing issues such as the order in which matters are presented in a trial and courtroom conduct. Basically, the rules of evidence are really a subset of a larger set of written and unwritten rules about courtroom conduct the unwritten parts of which are assumed to be known by people using them. Robert's Rules of Order do not apply to courtroom proceedings. The judge also has the "direct contempt" power to summarily punish disrespectful conduct in the courtroom without a trial, with fines or incarceration, even if it wouldn't be a crime outside the courtroom. But what if a party to the proceedings who does not "have the floor" wishes to do things like the following: Obtain a restatement (perhaps because it was unintelligible, or perhaps as a ploy for emphasis) of something uttered by another. If you are a party asking a question (or more likely an attorney for a party asking a question on behalf of a party) it is not improper to say, "I'm sorry, I couldn't hear you." It is also not generally improper for a non-questioning party to interject and state that they can't hear a witness to a judge. Obtain clarification of a statement. This can be done by a party only when it is the party's turn to cross-examine or redirect as the case may be. A judge can ask for clarification, but a party cannot do so when it is not their turn. Determine or clarify the purpose of an ongoing statement or line of questioning Generally the party not asking a question objects and the court asks the party asking the question to clarify the reason. Sometimes, in a jury trial, the party asked to clarify will say "may we approach the bench" and a private discussion will be held between counsel for both sides and the judge regarding an ongoing issue. Determine whether the judge will allow something later in the proceedings. (E.g., "At some point I hope to speak to point X. May I do that now? Or will I be afforded that opportunity at some later point before the conclusion of this hearing?") Lawyers are expected to know this for the most part without having to ask. Also, usually before the court starts to take evidence, and at breaks, the judge will ask "are there any preliminary matters that need to be addressed?" or "are there any procedural matters that need to be addressed?" and questions such as this can be raised at that time.
This depends on your state, but most likely they would stay the father. Many states abide by the Uniform Parentage Act, and part of that act states that if a man has been acting in the role of Father for a long enough period (I think 18 months, but not certain) then he is considered the legal father regardless of parentage. Similarly many states say if he was married to the mother he would be considered the legal father regardless of parentage. If you want an exact legal response I would ask on the Law StackExchange, including marital status and the state they're in, but most likely he will legally have a right as father if he wants it. If the mother is interested in the well-being of the child she would want him involved in the child's life anyways. Even if they separate they can hopeful agree on shared custody for the sake of the child without needing any legal discussions to come into place. If he separates from her without antagonizing her and makes it clear he wants to play a role in the child's life and set rules for doing that there is a good chance this can be settled without any lawyers or legal discussions to begin with!
So I suppose we basically need to disclose the exact geolocation of the datacenters that store this kind of content. That is incorrect. You need to identify a place of business where federal investigators may inspect the records without first making an appointment for access. The location of cloud storage is not particularly relevant. is it possible in any way to achieve compliance with 18 USC 2257A while using Google Cloud Storage (Or perhaps any other cloud storage service)? Yes. You must store the records as required by the statute and by the regulations issued under the authority of that statute, 28 CFR Part 75. I only scanned the regulations, but it seems that the &quot;location&quot; of the records is the place where they are available for inspection, not necessarily the place where digital files are stored. (The regulations also provide that you may indeed keep the records in digital form.) But consider, for example, what would happen if the FBI came knocking for an inspection and a local utility company accidentally severed the fiber cable on the next block. Such a network outage happened at my company a few years ago, and the incident disabled all of our redundant networking, so we had no internet access whatsoever for several hours. The investigators would probably tolerate such a disruption, but it is probably better to have a copy on site in addition to any off-site copies you might have. Regardless, you should hire a lawyer with relevant experience, because you need advice from someone who can find out whether there has been any litigation that may have a bearing on your rights and obligations, and you should find out what state and local law have to say about this, if anything. This is a criminal statute, and trying to protect yourself from criminal liability without qualified legal advice is quite possibly going to leave you vulnerable.
Although the USA don't like it, there's a department called INTERPOL which is composed by about 150 countries. When a crime is committed and you need to involve another country to solve it, the sovereignty of each County prevents a police officer from one country acting upon another country. That's when the INTERPOL comes in. They usually requests the police from that country to act up. A judge from that country will grant their local police access to the data to be delivered to the country that requested it. Can the police get a search warrant for data 'in the cloud'? Yes. If the servers are located within the boundaries of your own country, it's a normal procedure. But like the above answer states, it's easier to subpoena the records than to execute a search warrant. In a subpoena, the company itself is bound to provide everything the police asks. Can the police get a search warrant for such third party systems? Yes. If there's enough probable cause, the investigation can lead to allow the police to try and discover files that are held by servers that store the cloud data. But if the servers are located outside the country and the company does not have any office opened in the country, a search warrant won't have validity in another jurisdiction and the police can't act without breaking the sovereignty principle. That's where the INTERPOL services are handy. The department is built in the principle of polices from different countries helping each other. The downside is that it's too bureaucratic and it takes a lot of time. For instance if he has a virtual machine hosted by Amazon, would they serve the warrant on Amazon, or on the suspect? Like mentioned by @Viktor, if the company has an office within the bounds of your country, it's easier to subpoena the records because that way the company will filter and provide only the data linked to the suspect being investigated. That is, the subpoena will have both the name of the company (Amazon) and the name of the Suspect, so the company can provide only the necessary files. Update If the police lack sufficient evidence for a search warrant, but an interpol country was, for some reason, willing to work with the police to collect and provide that information would they be able to use it even if they wouldn't have been able to subpoena a US country? Hypothetically speaking, I see your follow-up as a company that do have a local office and the Federal Police was turned down by a judge on a warrant/subpoena. In that case, there's no reason for another's country police to act on their own country. The suspect is a foreign suspect, the crime is a foreign crime and the police has no reason to work on it. But for the sake of argument, let's say that the local police was turned down by a judge for lack of evidence or something and the suspect has been investigated by a foreign country or whatever. If the information that the local police desires to obtain is available through the INTERPOL, it's most likely to be accepted since it's a data stored by an international police department. In your scenario, the foreign police was granted a legal right to search and collected the data for legal purpose. Maybe they can't use it in their own country, but since they followed a safe chain of custody and provided the information to the INTERPOL, that information has legal validity and it is not fruit of the poisonous tree if the chain of custody was maintained.