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The Great Cell Phone Record Debate....

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  • suesarkis@aol.com
    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
    Message 1 of 4 , May 6, 2006
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      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.



      Sincerely yours,
      Sue
      ____________________________________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
      1346 Ethel Street
      Glendale, CA 91207-1826
      818-242-2505
      818-242-9824 FAX

      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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