Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What the police are not telling you is that in order to get a subpoena, there must be a pending court
action (meaning a suit must be filed in civil court or the police have to get a subpoena under their open police investigation case). You can file suit against "John Doe" for your phone value, since you do not know who has it and get a subpoena, but really this is the job of the police. Also, iPhones have a feature called "find my phone
" and I am aware that several police departments have used this feature to locate people who have stolen iPhones and have made arrests on them. Why your local police department refuses to pursue the case or get a subpoena for phone records as part of their criminal case is beyond me and this is something you need to go and discuss with the district commander or even chief of police to find out as this is part of their actual investigation duties.
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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.