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NYC Police Gathering Cellphone Logs

Posted by timothy on from the for-a-nice-toasty-fire dept.

Dupple writes "When a cellphone is reported stolen in New York, the Police Department routinely subpoenas the phone's call records, from the day of the theft onward. The logic is simple: If a thief uses the phone, a list of incoming and outgoing calls could lead to the suspect. But in the process, the Police Department has quietly amassed a trove of telephone logs, all obtained without a court order, that could conceivably be used for any investigative purpose. The call records from the stolen cellphones are integrated into a database known as the Enterprise Case Management System, according to Police Department documents from the detective bureau. Each phone number is hyperlinked, enabling detectives to cross-reference it against phone numbers in other files."

7 of 122 comments (clear)

  1. Subpoenas/Court Order by Matt_Bennett · · Score: 4, Informative

    Isn't a subpoena a court order?

    1. Re:Subpoenas/Court Order by cdrudge · · Score: 4, Informative

      It's an court order, but it may not be an order specifically by the court. The subpoena in some areas may be issued by an attorney without any immediate judicial oversight. The subpoenaed individual then could challenge it to have due process and judicial oversight. A court clerk also can issue the subpoena, but it too may not have any judicial oversight.

  2. Re:In other words... by alen · · Score: 4, Informative

    no, if you take lots of phone calls from stolen phones than chances are you're involved in something shady as well

  3. i give my permission by alen · · Score: 5, Insightful

    if my phone is ever stolen i give the NYPD permission to monitor the calls the scumbags make off MY PROPERTY

    and one of these days i need to go down to the police station and have the NYPD engrave my phone like they do with cars

    1. Re:i give my permission by Splab · · Score: 4, Insightful

      Yeah, not sure what the big issue is here.

      Granted, I live in a country where evidence obtained illegally is a matter between state and police, said evidence is still evidence against you. Just because the dimbwitt who collected it missed some part of the paperwork doesn't mean you get a free pass...

    2. Re:i give my permission by BasilBrush · · Score: 5, Interesting

      Indeed. No one has a right to privacy when using a phone that they stole.

      The submitter has clearly overdosed on YRO and can't see the woods for the trees any more.

  4. Re:Transfer Service... by blueg3 · · Score: 4, Insightful

    "Monitoring" is an active, ongoing process. Obtaining call records is a one-time request for a static set of data. Not the same.