Philadelphia, PA asked in Criminal Law for Pennsylvania

Q: when a phone number is not in ones name/own account but in someone else's by law can police obtain a line tap

Warrant for tap was not in name of account holder

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1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: You are asking a very legally nuanced question without nearly sufficient facts to provide an answer. Whether or not a wiretap is admissible is not an easy issue and often requires litigation. The Commonwealth has to jump through a lot of hoops to get one so they generally don't make the decision lightly. That doesn't mean they always get it right. As a practical matter who the phones name is under doesn't really matter the question is who is using the phone and why they have that belief. Hence why litigation is often necessary. If you have these concerns, and more importantly, the Commonwealth is using this evidence against you, the internet is a poor place to look for answers. This is a complicated question that requires a somewhat detailed factual recitation to get a quality answer. Take the time and sit down with an experienced attorney who can walk you through all the potential challenges to the evidence and the potential outcomes. They will be in the best position to know how to proceed and its confidential so prying eyes won't be privy to the information.

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