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Is their anyway to find out if my phone has a subpoena on it…

Is their anyway to find...
Is their anyway to find out if my phone has a subpoena on it or in the process of a subpoena?
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Answered in 1 hour by:
1/5/2018
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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If there is a subpoena being sought for the phone records, the consumer must be notified per the following subsection of the code:

(1) To the consumer personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his or her attorney of record. If the consumer is a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is at least 12 years of age.

That statute is here:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1985.3.

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legalgems
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Customer reply replied 6 months ago
I would then be notified at the least that their is a subpoena for my phone records or phone?

yes, that is correct per the statute.

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That allows the party whose information it is to file an objection if the request is irrelevant, overreaching etc.

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Customer reply replied 6 months ago
then if their was a subpoena, I would be notified and then given the chance to defend myself wether it would actually move forward and the information to be sought out?

Yes, that is correct; if a subpoena is sought then upon receiving notice it would be best to hire an attorney so they can file a motion based on the facts (ie if the request is irrelevant to the subject matter of the underlying case, overbroad, etc)

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Customer reply replied 6 months ago
then if someone at work took my phone without my consent, and went through it, then accuses me of having searched illegal websites, would pictures of my phones web browser history and phone be enough to order a subpoena for my phone?

If the police were prosecuting for accessing illegal websites yes, but if the other person had access it could be argued that the other person accessed those sites; additionally the person taking the phone without authorization can be prosecuted for theft as well.

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Customer reply replied 6 months ago
Could I prosecute them for theft even though they put the phone back after they went through it?

Yes, a police report can be filed but there would need to be proof of the theft.

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Customer reply replied 6 months ago
if they did make a report, given the situation, would the police most likely pursue the allegation of my phones web history or would they ignore that and question why and how the person acquired that information?

It really would be up to the individual law enforcement officer to determine how to proceed. If pursued they would likely pursue both avenues.

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Customer reply replied 6 months ago
then it wouldn't make sense for the person to report what they found on the phone, they'd be forcing me to prosecute them?

Well, it's up to the prosecutor to decide which cases to prosecute based on their particular case load, the political priorities as set forth by the office, and the amount of evidence. They will not prosecute if the evidence is flimsy.

But generally a person will not report a crime if that implicates them as well as that would be against one's self interest.

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Customer reply replied 6 months ago
Would photos or video of the phone be considered flimsy?

Not necessarily; they would need to be authenticated (ie verified that they came from that phone).

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Customer reply replied 6 months ago
for that,they would need the phone, that would be the only way to authenticate in order to get a subpoena?
Customer reply replied 6 months ago
How would they be able to verify it came from that phone?

Yes, that is correct;

the second question is more of a technical question and would require a techncial expert to answer.

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Customer reply replied 6 months ago
if I was to sell the phone and get a new one, I really wouldn't have anything to worry about, by then the new owner of the used phone would be using it and any data on it would be irrelevant?

I'm sorry that is really a technical question as to what type of information remains on a device, or whether the carrier has access to that information if the phone is sold.

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Customer reply replied 6 months ago
Ok, thank you so much I really appreciate your time

You are most welcome! Glad to have helped. Take care.

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