The Great Cell Phone Record Debate....
- Paul and others -
I appreciate everyone being in agreement that LEO's are not above the law.
I also agree with Paul's statement implying that just because some
information brokers said they sold records to the FBI does not make it so. However and
regardless, who cares? Didn't the CALEA (Communications Assistance for Law
Enforcement Act) of 1994 open up all phone records to the Feds? It doesn't
matter who they got the information from if they are legally entitled.
However, I do question the intelligence of a fed who covertly obtains records from
someone criminally in possession of same. However, I'm certain that going
to IB's is sometimes a heck of a lot faster than trying to even figure out
which carrier to go to. We are heads above the LEOs on that one.
Then we have the question of obtaining phone records via subpoena. I have
not taken the time to review the laws in all 50 states. However, I do know
that in the State of CA you may NOT, I repeat, may NOT lawfully subpoena phone
records without the prior written consent of the consumer whose records are
sought (CCP §1985.3). The lawyer can, however, obtain a court order from the
sitting judge. I would, however, assume that there are similar laws in all
50 states since the Telecommunications Act of 1996 states that customers’
phone records are their private property and can only be disclosed to the
customer or with the approval of the customer (47 U.S.C. 222).
Just my 2¢ worth.
Sarkis Detective Agency
1346 Ethel Street
Glendale, CA 91207-1826
If you can read this, thank a teacher. If you can read this in English,
thank a military veteran.
God Bless America and her allies forever !!
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