What Do Subpoena Phone Records Show?
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What Do Subpoena Phone Records Show?
What is a Subpoena?
But, first things first, what exactly is a subpoena? A subpoena is a legal document that requires you to testify as a witness, or provide evidence for an official proceeding. There are a few different types:
- Subpoena ad testificandum: This requires you to show up and testify in court or at a deposition.
- Subpoena duces tecum: This requires you to produce documents, records, or other physical evidence.
- Grand jury subpoena: This comes from a grand jury investigating potential crimes, and requires testimony or evidence.
So, if you’ve been served with a subpoena for your phone records, it means someone wants access to information about your calls, texts, and potentially location data from your mobile carrier.
What’s in Those Phone Records?
When a subpoena is issued for your phone records, it gives the party requesting them a literal record of your calls and texts over a certain time period. This data dump typically includes:
- Lists of all incoming and outgoing calls
- Date, time, and duration of each call
- Phone numbers involved in each call
- Same details for any text messages
Depending on what’s requested, it might also show location data that can be used to track where you were at certain times based on which cell towers your phone was connecting to.It’s kind of like those itemized phone bills you maybe used to get, but much more detailed and covering a broader range of data from your device. The records don’t include actual conversation recordings or text message content – but they do paint a pretty clear picture of who you were communicating with and when. Let’s look at an example. Say the police are investigating a string of bank robberies, and they subpoena the phone records of a suspect, John Doe. Those records might show that John was repeatedly calling and texting an accomplice’s number in the hours before each robbery. It could also potentially track John’s location at the time of the crimes based on his phone’s GPS data.See how those little data points can quickly build up a timeline and pattern of activity that looks pretty incriminating? That’s why phone records are such a common and important piece of evidence in all kinds of court cases.
When Can Your Records Be Subpoenaed?
Okay, but who can actually demand to see your private phone records? The short answer is: it depends on the situation and type of case. Here are some of the most common scenarios where subpoenas for phone logs get issued:
- Criminal cases: Prosecutors can subpoena records to try to build a case against a defendant, or to locate potential witnesses and evidence. This includes investigations by state/local law enforcement or federal agencies like the FBI.
- Civil lawsuits: If your phone data is relevant evidence in a civil court case (like an injury lawsuit, divorce proceeding, etc.), either side may subpoena it.
- Grand jury investigations: As part of their work, grand juries have broad authority to collect evidence and testimony through subpoenas, including phone records.
- Government investigations: Various federal agencies like the SEC, FTC, or Congressional committees can demand records as part of their official investigations.
The key point is that some proper legal authority, whether it’s a court, law enforcement agency, or other government body, has to issue the subpoena through proper channels. Your nosy neighbor can’t just subpoena your Verizon records because they’re curious!But, even with a legitimate subpoena, your phone records aren’t automatically handed over. Your mobile carrier has a legal obligation to notify you first and give you a chance to object or quash (cancel) the subpoena if you have grounds to do so.
Your Rights When Subpoenaed
Speaking of objecting, you do have rights when your phone records get subpoenaed! The government or parties in a lawsuit can’t just help themselves to your personal data without restraint. Some reasons you may be able to quash or modify a subpoena include:
- Relevance: If the records aren’t actually relevant or necessary for the case.
- Overbreadth: If the subpoena is too broad in the date range or types of records requested.
- Privilege: Some communications may be protected by attorney-client, doctor-patient, or other privileges.
- Undue burden: If the subpoena is overly burdensome, oppressive, or was issued in bad faith.
The rules around subpoenaing phone records aim to balance legitimate investigative needs against your reasonable rights to privacy. An experienced attorney can review the subpoena and determine if you have grounds to challenge or limit its scope. Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney. At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.
Limitations on Using Phone Records
Even if phone records are obtained properly through a subpoena, there are still restrictions on how they can be used as evidence. Records alone don’t necessarily prove any criminal acts occurred – they just show communication details.For example, if the phone logs show you repeatedly called someone who was later arrested, it doesn’t automatically mean you were involved in their alleged crimes. You’d have a chance to explain the innocent reasons for those communications.Prosecutors have to be able to provide additional evidence and context to establish any supposed connections between your phone activity and illegal acts. They can’t just show the jury your calling log and say “See? This person is guilty because they made these calls!”Skilled defense attorneys know how to poke holes in the prosecution’s arguments about what phone records are supposed to prove. We can counter their narrative by providing alternate, innocent explanations for the same data that raises doubts in the jury’s mind.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.
Protecting Your Privacy
Given how revealing phone records can be, you’re right to be concerned about your privacy if they get subpoenaed. But there are some proactive steps you can take to safeguard your data and communications:
Use Encrypted Messaging Apps
Switch to secure messaging services like Signal or WhatsApp that use end-to-end encryption. This prevents your message content from being accessed, even if metadata logs are obtained.
Enable Phone Encryption
Modern smartphones allow you to encrypt their full contents, adding a powerful layer of data protection that can block access to everything – including your communications.
Use Burner Numbers/Devices
For extra privacy, use secondary phone numbers or devices for sensitive communications that you don’t want easily tied back to your primary accounts and devices.
Carefully Monitor Permissions
Be judicious about granting apps permission to access your contacts, location, etc. The less personal data they have access to, the better.Of course, these tips only go so far if you do end up having to produce phone records under a lawful subpoena. But they demonstrate your reasonable efforts to maintain privacy.
The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles. No matter where you are located, we are ready to assist you with your legal needs.