Sent G.J. subpoena for phone records on a case. There is text messaging involving threats to victim. The detective received, after much whining and nashing of teeth by cell phone provider, the victim's records, but of course, no text messages. Cell phone company did their claim of "its conversation" - even though our victim, their customer, was recipient of the messages.

Can't do warrant because records are kept, according to cell phone co., in Kansas. They said they would provide such records to the victim/customer with her affidavit, but with a bill for $150.00 charged to her account. They also say they will charge us $150.00 even with a court order.

The suspect is victim's ex. He has a prior ex that may have been the victim of foul play. So, although a simple threats case on surface, potential for more harm to victim.

Any suggestions?

I may have a contact for you that could help.... depending on which company.

FYI - Investigator School 2005 will have representatives from both Verizon and Sprint to discuss these issues and more.

Email me at mhightower@wilco.org

Out of state grand jury subpoena duces tecum, get the prosecutor on the other end to effect service on an actual human being, force that person to come to Amarillo to deliver the records. Texas law only provides for payment of travel costs. Let them tell your judge in person that you can only have the records if you pay the bill. Anyone crazy enough to fight on at that point deserves a little rest in a cell. Sometimes calling corporate counsel and talking the situation out will do the trick. The records folks are taught to resist and demand payment just to try to discourage people, but they will obey their lawyers. We have to retrain SBC's records folks every couple years when they get uppity. Forcing a person to show (or just the appearance that you will) should do the trick.

Most likely your detective is talking to an every day staff member who has standard responses and can not deviate from them.

We had a situation with AT & T that they claimed we needed a wiretap. We thought all we needed was a court order. After MANY phone calls, my prosecutor spoke with their attorney and actual Texas statutes were cited between the attys. Within 2 hours, the AT&T called back and agreed that we were right and admitted that they aren't greatly familiar with the different states' laws.

So you MAY get farther if you call and ask to speak to the center's manager or legal rep.

off this week and checking site from home - thanks for responses. I do have a contact name and number for an attorney from this co's home office. He actually called me first when this first started - he got off on wrong foot by bad mouthing the detective and calling the S.O. "cowboys". I'll call him back and start again if not sorted out by next week.

Same provider that I have for my service - hope my rates don't get jacked.

Check out Op. Tex. Att'y Gen. No. JC-0181, 2000 Tex. Ag. Lexis 17 (2000). This gives a good discussion of why we don't have to do this under Texas law. It also talks about federal law.

Just a Thought....

Why not get your friendly neighborhood Federal Agent to inquire gently into the company's record keeping (and lack thereof) as regarding legitimate law enforcement requests {Subpoenas} and see if they can't get to that person in the company's security office who will have to make the trips to court for all of those nasty pre-trial matters, re-sets, etc. leading up to trial.
Perhaps they will be better able to communicate on that person's level.

Oh, don't forget to have a conversation with your representative, senator, member of the Texas Public Utilities Commission, etc., about this matter. It seems that they have some control over rates charged, lines and equipment installed, etc.

Then again, you might just contact your friendly Texas Ranger and ask for their ever genteel assistance.

Not the normal channels, but could be effective?
Just a thought.

That's our Spencer!!! When polite requests fail, plant a poleaxe between their ears!!!