Police Investigations and Cell Phone Records
My question involves police conduct in the State of: Pennsylvania
3 local police departments are in search of a "fugitive" wanted for a felony of an unknown degree (theft).
The "fugitive" and his wife co-own a business. That business has a cell phone account, but the cell phone belonging to the "fugitive" is on a separate (his own personal) plan.
Police have questioned the wife and one co-worker as to his whereabouts, but to no avail.
Can law enforcement requesition for cell phone calling records of the company or the wife?
Re: Police Investigations and Cell Phone Records
They can ask for anything. What'll be granted is up to the judge. A person's spouse is almost certain to be one reasonable person with whom the suspect may have contact, and the business, since he co-owns it, is equally probably a "gimme" as far as asking for a subpoena for phone records in an attempt to locate a fugitive.
Re: Police Investigations and Cell Phone Records
Point taken... But just to clarify...
..."in an attempt to locate a fugitive."...
Does this hold true for CELL phone records since a cell phones location is unknown? Kinda redundant, no?
Re: Police Investigations and Cell Phone Records
If the police can articulate good cause to believe that evidence can be found in cell phone records that might help locate the suspect, sure. They can also "ping" the cell phone to find it's location if GPS enabled, or to locate what cell tower the device is connected to.
Plus, if there is an active conspiracy to conceal the fugitive, those records would show those who are part of the conspiracy. Make a case against those concealing him, and maybe they will give the fugitive up.
If the police feel they need those records, it is not likely to be a stretch to get them. Some companies will give them up even without a subpoena.
So, anyone helping to hide this guy had better be ready to go down to protect him. If not, then either cut him off or dime him out. He can take everyone down with him. Is he worth it?
Re: Police Investigations and Cell Phone Records
See thats just it. She talked to him on the phone this evening. It was a total of three calls, because they kept losing service. He refuses to tell her or anyone else his whereabouts. All anyone knows right now is that he is still alive. The cops have already come to the office to question her, and to her house, and even pulled me over after dropping her off, using a "random traffic stop" as an excuse to ask where he is. I had some paperwork to drop off at the office after an appointment. I got out of the car, unlocked the door, set the papers on my desk and by the time I came back out, the cops were there... "Is he here?"
No one is hiding him. He is hiding himself, and the cops are hounding her. After this single phone conversation, I am personally concerned that if she does not tell the police department about the call, they will find out about it and make it worse.
Re: Police Investigations and Cell Phone Records
No telling what the police will do if they do not believe her. Absent some proof of a conspiracy or her active participation in aiding him, there is likely little they can do.
If they want him, they will keep on anyone who has contact with him until they find him.
Re: Police Investigations and Cell Phone Records
Just want to thank you for the info. From what I have heard, the guy was located (by accident) and picked up.
The booked him for... get this... "conspiricy to theft", and the judge ordered bail at $5000.00 cash. This is after they told everyone they talked to that there was a "statewide felony warrant" issued, and acted as though he had killed someone.
Further information reveals that there was in fact a co-conspiritor, whom the police have mug shots and pictures of thier car. They also have a plate number. Why would the owner/driver of this vehicle not be under any scrutiny? As far as I have heard, they are still driving the vehicle, and the police only went to thier home ONCE. They were not home at the time, so the police left. WTF? They did everything they could to nab someone who "may" have been involved, but couldn't care less about the person driving the car that was UNDENYABLY involved... I dont get it.
Oh yeah...another thing. When it comes down to bailing him out, the bondsman says that the defendant must have a RELATIVE sign him out... It cant just be anyone. Is this true?
Re: Police Investigations and Cell Phone Records
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Quoting
kb5103
The booked him for... get this... "conspiricy to theft", and the judge ordered bail at $5000.00 cash. This is after they told everyone they talked to that there was a "statewide felony warrant" issued, and acted as though he had killed someone.
Some people can be over dramatic. But, perhaps the offense is a felony. Out here the crime of conspiracy (even to commit a misdemeanor) can be charged as a felony.
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Further information reveals that there was in fact a co-conspiritor, whom the police have mug shots and pictures of thier car. They also have a plate number. Why would the owner/driver of this vehicle not be under any scrutiny? As far as I have heard, they are still driving the vehicle, and the police only went to thier home ONCE. They were not home at the time, so the police left. WTF? They did everything they could to nab someone who "may" have been involved, but couldn't care less about the person driving the car that was UNDENYABLY involved... I dont get it.
And since you are not on the inside of the investigation, you probably will not "get it."
Since you have never provided any details of the alleged crime, there is no way for us to opine as to the sense of it.
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Oh yeah...another thing. When it comes down to bailing him out, the bondsman says that the defendant must have a RELATIVE sign him out... It cant just be anyone. Is this true?
That could be the bondsman's policy rather than the law. If it is the law, it sounds unusual to me.
Re: Police Investigations and Cell Phone Records
Bail of 5k is a Felony. Here in Florida, that would likely be a third degree felony with a max term of five years. PA is probably very similar.
A bail bondsman sets terms according to state law, or can set any terms he wants.