Fort Lauderdale, FL asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania

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.

1 Lawyer Answer
Anthony DiUlio
Anthony DiUlio
  • Philadelphia, PA
  • Licensed in Pennsylvania

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

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