Reasons for Law Enforcement Use of Phone Records

Conducting a search through the phone records of an individual or through the log of various telephone service providers was considered to be a breach in privacy until some years ago. But it is not so anymore. The law enforcement agencies across the nations can now have access to phone records courtesy the US Patriotic act signed by President Bush on   October 26, 2001. Since the law now considers domestic terrorism to be as serious a threat to the nation as the international terrorism, the law enforcement agencies can now request for an inspection of the phone records from all telephone service providers as well as the details of other means of communication.

Cell Phone Trace

The act of tracing the whereabouts of a cell phone is permitted under the present definition of law as the Fourth Amendment is not considered to be violated when a law enforcement agency requests a cell phone carrier to reveal the details of its phone records. The location of the mobile phone can usually be traced from the records as is the location of the person receiving the call. Such data is generally maintained by the carriers in order to assist them in preparation of billing documents. Another form of cell phone tracking is also in force which enables the federal agents or the police personnel to access minute by minute details of phone conversation in order to obtain evidence against an individual suspected of terrorist activities.

Patriot Act & Phone Records

The US security agents as well as the police departments across the states of the country can, in fact, ask for access to phone records without having to show a warrant. The Communications Assistance for Law Enforcement Act 1994 empowers the police to go through the phone records of any individual suspected of committing acts considered to be unfriendly to the nation. Apart from obtaining the privileged information, the national security departments also have the authority to trap the call as well as seize the records without having to produce a warrant to do so. This is done in accordance with the Title II, Sections 200, 202, 206, 209 Patriot Act. The Act also authorizes the law enforcement agencies to intercept all communications be it oral, electronic or transferred over wire. This is done in order to gather evidence against persons suspected of committing computer frauds, abuse as well as instances of terrorist activities.  Records of voice mails can also be seized after providing a warrant.

Subpoena Phone Records

The police departments as well as the Federal agencies can also obtain copies of phone records or seize the records by subpoenaing the telephone service providers. This is enforced as the records can provide vital evidence against the person suspected of committing grave offenses both against individuals and nations. The police department needs to fill out the specific form and get it approved by the office of the county court clerk. The proper documentation in form of a subpoena usually helps the phone carrier to present the law enforcement officials with the required evidence. The Sheriff usually verifies and notarizes the document and gets it served by one of his deputies.