Responding to Federal Subpoenas for Mobile Phone Records

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Last Updated on: 2nd October 2023, 05:52 pm

 

Responding to Federal Subpoenas for Mobile Phone Records

Getting a subpoena for your phone records can be scary. You may worry about your privacy, or what information investigators are looking for. This article will walk you through the basics of federal subpoenas for mobile phone records, so you can understand your rights and responsibilities if you ever get one. We’ll cover what a subpoena is, what information it can request, how to comply, and your options for challenging it.

What is a Subpoena?

A subpoena is a legal demand for documents, records, or testimony relevant to an investigation or legal case¹. There are a few types of subpoenas, but most mobile phone subpoenas are “subpoenas duces tecum.” This means they require you to turn over physical evidence like call logs, text messages, location data, and other records stored by your phone company².

Subpoenas are issued by government agencies like the FBI, police, or prosecutors. They don’t need a judge’s approval. All they need is a valid law enforcement purpose for requesting the information³.

What Information Can a Subpoena Request?

Subpoenas can request lots of data stored by your phone company, including⁴:

• Call logs showing who you called or texted, and when
• The content of your text messages
• Your location data and cell tower connections
• Your subscriber information like your name, address, and account details
• Data usage information
• Information about your device like the make, model, and serial number

The subpoena will usually specify a time period for the records being requested. For example, it may ask for text messages from January 1 to February 1, 2022. The government can’t just request all of your phone records ever – that would be too broad. But the time period can still be pretty expansive in some cases.

How Will I Know If My Records Are Subpoenaed?

Unfortunately, in most cases you won’t be notified if your phone company receives a subpoena for your records. The government will serve the subpoena directly on the company, without telling you. The company will then turn over your private information without your knowledge or consent.

Some phone companies do have policies to notify customers of government requests, but they aren’t required to. It’s up to their discretion. The only way to be sure is to regularly check your account records for any unexplained “law enforcement requests.”

Do I Have to Comply with a Subpoena?

If your phone company gets a subpoena for your records, they will very likely comply. Phone companies don’t want to be held in contempt of court for ignoring a subpoena. You can ask them not to comply, but they aren’t obligated to listen.

If you receive the subpoena directly, you must comply or challenge it in court. You could face penalties like fines or jail time for contempt of court if you simply ignore it. The government takes subpoenas very seriously.

How Do I Comply with a Subpoena?

If you don’t want to fight the subpoena in court, you’ll need to comply. Here are some tips:

• Read it carefully and make sure you understand what records are being requested.
• Contact the agent or prosecutor who issued the subpoena if you have any questions or need clarification.
• Gather the requested records from your phone and account.
• Make copies of digital records like text messages and photos.
• Deliver or mail printed copies of the records by the deadline stated on the subpoena.
• Keep the original records in case you need to refer back to them.

You may want to consult with a lawyer before complying, to understand all your options. But in general, it’s smart to comply unless you have grounds for challenging the subpoena. Noncompliance can lead to harsh penalties.

On What Grounds Can I Challenge a Subpoena?

You have the right to legally challenge a subpoena if you believe it is improper, overly broad, or violates your rights. Common arguments include⁵:

• The subpoena requests more records than necessary for the investigation.
• Complying would violate your constitutional rights to privacy or free speech.
• The subpoena lacks specificity about what records are sought.
• The records are protected by attorney-client or doctor-patient privilege.
• You have a legitimate claim of ownership over the phone number linked to the records.

An experienced lawyer can help you identify grounds for challenging the subpoena and represent you in court. It’s generally wise to comply while simultaneously challenging, to avoid penalties for noncompliance.

What Happens If I Ignore or Fight a Subpoena?

If you ignore a subpoena entirely, the court may hold you in contempt. Penalties can include fines or even jail time in serious cases. The court may also just compel you to comply anyway. So ignoring a subpoena rarely works out well.

If you challenge the subpoena in court, a few things could happen:

• The court quashes the subpoena, so you don’t have to comply.
• The court modifies the subpoena to be narrower in scope.
• The court upholds the subpoena as valid, forcing you to comply.

There are no guarantees when challenging a subpoena in court. But an experienced lawyer can greatly help your chances of success.

How Can I Better Protect My Phone Records?

While you can’t prevent subpoenas entirely, there are steps to better secure your phone data⁶:

• Use end-to-end encrypted messaging apps like Signal or WhatsApp.
• Frequently delete call logs, messages, photos, and other sensitive data.
• Use a VPN to mask your internet activity and location.
• Password-protect your phone and lock it when not in use.
• Consider leaving your phone at home for sensitive conversations.

Improving your phone security and privacy now could save you headaches down the road if your records are ever subpoenaed.

Key Takeaways

• Federal subpoenas can demand a wide range of phone records from your carrier.
• You likely won’t be notified if your records are subpoenaed.
• Complying with the subpoena is usually wise, but you can challenge it in court.
• Noncompliance can lead to serious contempt of court penalties.
• An experienced lawyer can help you respond to a subpoena properly.

Getting a federal subpoena for your phone records is serious business. Understanding how the process works is crucial for protecting your rights. With some preparation and legal help if needed, you can respond properly.

References

1. https://www.federallawyers.com/criminal-defense/responding-to-federal-subpoenas-for-mobile-phone-records/

2. https://www.federallawyers.com/criminal-defense/responding-to-federal-subpoenas-for-mobile-phone-records/

3. https://www.lawsuit-information-center.com/subpoena-cell-phone-records.html

4. https://www.wikihow.com/Subpoena-Phone-Records

5. https://www.rosenfeldinjurylawyers.com/news/how-to-subpoena-cell-phone-records/

6. https://www.thearoralawfirm.com/atlanta-law-firm-arora-law-firm-subpoena-information/