Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?
I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while her son resides in Florida. It took until November 20, 2023, to prove the mental health criteria to the police in order to get him listed as missing. The police now claim there is no imminent threat or exigent circumstance to ping his iPhone or iPad. I completely understand their position. They also cannot seek a warrant for his last cell tower location or iPhone/iPad records. Verizon needs a court order or subpoena.
Is there a legal motion my client can file with the Philadelphia court to subpoena her own phone records since it is her phone? We need to know the last cell tower his iPhone/iPad connected with. Both devices are in her name. She is the customer, purchased both and pays for both.
A: Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's name, Verizon should not contest or move to quash the subpoena.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
