In connection with a homicide investigation, we need records on one or more cellular phones regarding the approximate location of the phones when certain calls were placed - (what I call) cellular phone use site records. This information is available from the cell phone companies but they tell us they require a court order or an evidentiary search warrant. Has anyone secured this type of information in the past? If so, did you use a court order or an evidentiary search warrant? Any forms, suggestions, and/or contacts would be helpful as well. Please email me at distattorney@co.liberty.tx.us Thanks.

We have used a Grand Jury Subpoena. All they are probably wanting is cover should someone complain.

We have used Grand Jury Subpeona with a District Judges Signiture on it below the prosecutor's signiture.

Guess that makes it unanimous, Mike. I have seen it done with a subpoena before. The phone companies just don't want to look like they are handing out info to just anybody.

Mike,

Generally the cell site records do require a court order or search warrant. My experience has been that the only thing they'll provide on subpoena is subscriber info. I used a court order recently on a case, so when I get back to the office, I'll e-mail you what I used. I talked to their legal folks and they had some specific language they wanted in the order.

I also can't remember the federal statute number off the top of my head, but will send that too.

It has been my experience that some carriers maintain this info as to which tower\site the phone was linked to and some do not. Mike, you could call Herb Owens, our chief inves. here in Fort Bend, for some advice on how he does it. I think the judges signature on the subpoena is a good idea.

Forget all this grand jury stuff. Your local Texas Ranger has administrative subpoena authority for those records. (Bet you didn't know that, and we kinda wonder how the DPS/Rangers gor that, too). So just call your Ranger!

In the past, I have had success in obtaining cell phone records just by faxing a subpoena for them to CellularOne. They may be the exception rather than the rule, though.

I got what I needed from several very helpful folks. I have some great "forms" which have already produced what I needed. Accordingly, if you need cell site info and you need a hand, contact me. Thanks again to all who responded!