Do police need permission to pull phone records?

Question

In a story I'm writing, someone is accused of making prank calls. Do the police need this person's permission to pull his phone records?

Answer 1

They do not need a search warrant. They simply need a subpoena, which can be issued by the Prosecutor's Office without anything from a judge.

Answer 2

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Answer 3

An administrative subpeona, signed by a prosecutor, is generally enough. However, the records that such a search produce generally only show toll calls that are billed. To get a record of local calls, the phone company has to set up a "trap and trace" which lists all calls, but requires a court order.

Answer 4

To pull the records at the phone company, no.

To record a call the requiements depend upon state law. In some states only one party needs to consent. In others, both parties need to consent. With no consent, a court order is required.

Answer 5

Sure, go wild. We record you anyway, so if you believe like doing it then it will have to now not be a crisis. Nonetheless, if it gets in the way of the Officer doing his/her job (i.E. You filming him and asking him questions instead of responding to his instructional materials) then you might find your self being arrested. You must comply with cheap course throughout a traffic stop (i.E. Keep in the automobile, show your arms, etc.) i would most likely snicker should you pulled your flip phone out and started trying to video me on a visitors stop.

Answer 6

NO! they only need a warrant to listen to the call with a tap. it is very easy for them to just get a list of outgoing/incoming phone #'s and time and length of the call and the names of the people on the phone co's records.

Answer 7

According to Amendment 5 of the US Const: yes. They need permission from the court.

Answer 8

Wire tapping is a violation of law because it is intruding into the privacy of a person which is protected under the Constitution.

Answer 9

Either permission, or a court order, or the evidence thus gathered will be inadmissible.

Answer 10

Yes, a judge would have to sign a warrant