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i95fl
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who can view text messages (federal or local or both)
#12711934 - 06/08/10 09:08 PM (13 years, 11 months ago) |
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since they have a right of passage to view our text messages now, on what level of law enforcement can they legally "violate us?
is it only the feds that are allowed to search through texts, or is it detectives from local law enforcement as well?
-------------------- "You can turn your back on a person, but never turn your back on a drug, especially when its waving a razor sharp hunting knife in your eye." "Bill Clinton does not inhale marijuana, right? You bet. Like I chew on LSD but I don't swallow it." "America should start a war on education, if its anywhere as successful as the war on drugs, everyone would be hooked on phonics."
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numonkei
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Re: who can view text messages (federal or local or both) [Re: i95fl]
#12712670 - 06/08/10 11:30 PM (13 years, 11 months ago) |
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Are you speaking about a confiscated cell phone, or more along the lines of subpoena to the provider?
Anyone who gets a hold of your phone can view text messages, unless you erase them. Good habit to not be incriminating at all and immediately erase anything that some boner may send your way.
Otherwise, unless they really want you it would be highly unlikely to make a trip to the company worthwhile. You aren't making bombs or threatening children to make them blow each other, right? You'll probably be fine.
And don't send any text messages that are incriminating. There are better ways to communicate that sort of thing.
~Monk
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fastfred
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Re: who can view text messages (federal or local or both) [Re: numonkei]
#12712930 - 06/09/10 12:22 AM (13 years, 11 months ago) |
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Anyone can subpoena text messages as long as they can get a judge to agree to it. Lots of subpoenas don't even have to go through a judge.
Quote:
Subpoenas are usually issued by the clerk of the court (see below) in the name of the judge presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court. Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness.
The subpoena will usually be on the letterhead of the court where the case is filed, naming the parties to the case, and being addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location, scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority. In some situations the person is paid.
-FF
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numonkei
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Re: who can view text messages (federal or local or both) [Re: fastfred]
#12715120 - 06/09/10 01:43 PM (13 years, 11 months ago) |
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Yes, but how often would one assume this actually occurs? I can't remember reading of too many state-level cases that attribute text-messages being acquired via subpoena in cases that weren't destined to become a big deal, (or big news anyway).
I HAVE seen local cops going through cell phones before, though sometimes they quit if it's too much trouble for them to navigate the phone.
~Monk
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Brainiac
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Re: who can view text messages (federal or local or both) [Re: i95fl]
#12715530 - 06/09/10 03:03 PM (13 years, 11 months ago) |
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Just becase you erase them off your cell phone..Doesnt mean they are gone, it will be on the bill....
--------------------
Fair is Fair
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numonkei
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Re: who can view text messages (federal or local or both) [Re: Brainiac]
#12716381 - 06/09/10 06:12 PM (13 years, 11 months ago) |
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Do you mean actual text or the other parties' number/time?
I'd be curious to know if major cell phone providers actually keep text and voice mail for certain time intervals, or indefinitely.
If you have all your text messages show up on the bill then any parent of a teenager would be getting a new phone book every month.
~Monk
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Alan Rockefeller
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Re: who can view text messages (federal or local or both) [Re: numonkei]
#12718639 - 06/10/10 01:45 AM (13 years, 11 months ago) |
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Quote:
numonkei said:
I'd be curious to know if major cell phone providers actually keep text and voice mail for certain time intervals, or indefinitely.
Yes. Never text about anything illegal.
If you do get a text about something illegal, delete it immediately and next time you see the person let them know to please never send any incriminating text messages.
Incriminating phone calls are still bad, but 1000 times safer.
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fastfred
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Registered: 05/17/04
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Re: who can view text messages (federal or local or both) [Re: Alan Rockefeller]
#12722276 - 06/10/10 06:45 PM (13 years, 11 months ago) |
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Quote:
Yes, but how often would one assume this actually occurs? I can't remember reading of too many state-level cases that attribute text-messages being acquired via subpoena in cases that weren't destined to become a big deal, (or big news anyway).
Subpeonaing phone records, including texts, is very common these days. It takes almost nothing to get them if there's any possible way it could be relevant to any court case.
It's not hard to file a small claims case against someone, then use that to get their phone records. Very easy.
I can't recall anyone getting busted that way, but it's certainly possible.
-FF
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