- Joined
- Mar 9, 2009
- Messages
- 141
There is no expectation of privacy with respect to phone records, so a warrant or court order is not needed. Thnk about it, you cannot have an expectation of privacy if you are using a third party (phone co) to process the calls.
The above statement is true only for basic information. Obviously telephone conversations (wirtetaps) and perhaps the content of text messages carry a larger degree of privacy expectation, and a warrant or court order would become necessary.
I am an attorney and for several years have done insurance fraud investigations. A simple subpoena, which does not even have to be signed off on by the court, is enough to compel any phone company to give up the basic records. Becaue they want to keep an image that they are protecting their customer's privacy, they will not give the records to just anyone who asks, but legally there is no privilege with respect to these records and it is not considered an illegal search to obtain these records sans warrant.
The above statement is true only for basic information. Obviously telephone conversations (wirtetaps) and perhaps the content of text messages carry a larger degree of privacy expectation, and a warrant or court order would become necessary.
I am an attorney and for several years have done insurance fraud investigations. A simple subpoena, which does not even have to be signed off on by the court, is enough to compel any phone company to give up the basic records. Becaue they want to keep an image that they are protecting their customer's privacy, they will not give the records to just anyone who asks, but legally there is no privilege with respect to these records and it is not considered an illegal search to obtain these records sans warrant.