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Mobile phone company records can show where someone was based on their distance from the nearest cell phone towers and data from the GPS antenna in the phone. A subpoena may be required to receive phone records from a provider who is unwilling to release them willingly. In order to subpoena phone records, the first step is to determine who is the custodian of the records. Once the subpoena has been prepared and approved, if required, the subpoena is then sent to the appropriate person or section at the phone company. Would it be necessary for me to get a subpoena if I wanted information about a mysterious caller who has been calling me 10 times a day for the past month, or is that too much trouble to go through? In a criminal case, phone records could substantiate an alibi for a defendant or prove a pre-existing relationship between a victim and a suspect for the prosecution.
While this may seem easy, in some cases where the provider is a large company, it may be necessary to determine exactly who the subpoena must be addressed to and at what address. In some jurisdictions, an attorney may subpoena phone records without prior court approval, while, in others, the subpoena must be prepared and filed with the court for the judge's approval prior to issuance. A subpoena is a court order, meaning that the recipient is under a legal obligation to produce the records listed in the subpoena absent a valid reason not to.
A party may also need to subpoena phone records if the provider is unwilling to release records absent a court order. In a civil case, phone records may help establish that a conversation regarding terms of a contract, for instance, actually took place.


Large companies generally have a particular person or section designated for the receipt of subpoenas or other legal documents. The subpoena must be as specific as possible, as the recipient of the subpoena is not legally required to produce anything not listed in the subpoena.
If the recipient of the subpoena feels that he or she has a valid objection to the order to produce the records, such as a confidentiality issue, then an objection must be filed with the court.
The legal process used to subpoena phone records is to issue a subpoena duces tecum, often referred to as a third-party or non-party subpoena, to the provider of the phone service.
Common information found in a subpoena for phone records includes the name of the subscriber or customer and account number, telephone number, and the dates that are covered under the subpoena. Likewise, if the recipient is unable to comply with the subpoena because the records have been lost, stolen, or destroyed, or were never in the recipient's custody, then the recipient must inform the court. Circuit Court of Appeals upheld the conviction of Quartavious Davis on a variety of charges, including a conspiracy charge, in seven armed robberies during a two-month period in 2010. A judge wrote that Davis and his accomplices, "bearing an array of firearms, terrorized a wide range of South Florida businesses, including a pizzeria, a gas station, a drugstore, an auto parts store, a beauty salon, a fast food restaurant, and a jewelry store." But the appeal, which led to a majority opinion, three concurring opinions and a dissenting opinion, focused on constitutional issues in a time when most people carry cell phones and make calls and send text messages with little thought. Prosecutors got a court order to obtain 67 days worth of Davis' cell-phone records from MetroPCS, showing telephone numbers for each of Davis' calls and information about the cell towers that connected each call.
By having the cell-tower information, authorities could determine that the phone was used in the vicinity of robbery sites. The court order to obtain the records did not require prosecutors to show probable cause and was not a warrant, raising questions about whether Davis' Fourth Amendment rights against unreasonable searches and seizures had been violated.


The majority of the Atlanta-based appeals court Tuesday sided with the prosecutors' use of the records. The opinions Tuesday did not detail the locations of all of the robberies, though they indicate the incidents were in Miami and Weston. The records were obtained through a court order authorized by a federal statute, not by means of governmental trespass. MetroPCS, not the government, built and controlled the electronic mechanism (the cell towers) and collected its cell tower data for legitimate business purposes." But in a dissenting opinion, Judge Beverly Martin wrote that a warrant should be obtained for such records and warned about potential far-reaching implications of the case. Martin wrote that the same logic could apply to information about such things as email accounts and search-engine histories. Davis — like any other person interacting in today's digital world — quite reasonably had a subjective expectation that his movements about town would be kept private,'' Martin wrote in a dissent joined by Judge Jill Pryor.
Davis's expectation of privacy is one society is objectively prepared to recognize as reasonable.



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