Criminal Law Questions? Ask a Criminal Lawyer.
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Did they get these text logs from your phone, from the provider, etc.?
from the provider
Did they seize your phone? If so, under what circumstances?
I have my phone
they accessed the text logs
But they didn't get it from you directly?
No criminal activity on my part
How do you know they accessed the logs?
no discussion of any criminal activity in text messages
I think they got the phone logs from my cell phone company
How do you know they got them?
Okay. I'll have to use some generalities then.
Assuming that they didn't use those super secret sections of the Patriot Act and national security laws that have been in the news lately then they would have had to use a subpoena to get them.
But regardless of whether they did or they didn't, the issue will come down to whether they had probable cause to access the text logs. Probable cause is a very, very low standard that is basically equivalent to a suspicion.
There is nothing that prevents them from contacting your friends and interviewing them about anything they want to.
However, if they did that based on something they saw in the text logs and the text logs were obtained without probable cause then everything is subject to suppression by the court.
if they have a subpeona
In addition, it could also be a violation of your civil rights.\
The same goes whether it is a subpoena or not.
when you say something they saw in the logs
that would mean a conversation
Possibly. It could also be the location and timing of when you sent a text.
The phone companies know which cell tower you "hit" to send the text.
That gives them a general area you would have been in.
what if there is no conversation remotely about the topic of their investigation. I say that because I haven't done anything wrong, and I have never engaged in any text conversation about the topic in question ever.
It's also possible to get a general route that was follows by getting this info from a string of texts.
the person in question was a failed romance, who was probably upset
That last one is kind of a rhetorical question/
But even with a subpoena, they can't interview people, unless there are conversations related to the putative topic of the investigation.
No, there is no need for a subpoena to interview people.
I got that
But if there is no conversation in the text log
They can interview people without even probable cause.
what is the basis for the interview?
they can just interview any person that you text or email if they get the name
Yes, that is generally true.
and they don't have to show probable cause to get access to the log
No, that's incorrect. They would have to have a reason to subpoena a record like the log.
Let me give you an example...
not using your facts.
Let's say the police broke into your house just to poke around and see what they could find.
if someone exaggerated information on a resume
And while in there they found a notebook that had a list of people's names and they then used that notebook to find people and talk to them.
could they use that fact as basis to subpoena phone logs?
I wouldn't see how. There is nothing illegal about exaggerating on a resume.
Back to my exaample...
Anything they found from talking to those people couldn't be used in trial because the initial search was illegal and therefore anything that comes from that is known as a "fruit of the poisonous tree".
or even fabricating an employment or event on a resume
I get that
No, still not illegal so it shouldn't be used as the basis for a subpoena or to get the phone logs.
That makes sense
I don't know of any cell company that provides cell records or text messages without a subpoena.
Again, leaving out the national security issues.
there are rumours in California
no national security
a friend saying they played on a women's college golf team when they didn't, would not be a basis for subpoena?
No, I can't see how.
Unless they were somehow using that in a scam or something like that. Not just on an employment resume.
or verbally saying they were a cpa when they were not. but without practicing, making any attempt to practice. Just the oral statement I am a CPA or was a CPA
No, again, not unless it was somehow used for an illegal activity.
but actually having an accounting masters........just never passing the exam.......not used for any activity at all...beyond cocktail party yada yada yada
that would not be probable cause for subpoena either
You're very welcome. Anything else I can assist with before I exit to help others?
so basic lying orally without illegal act or overt act does not get probable cause
no.......I am good...........thanks so much
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