Legal Question in Criminal Law in New York

Access To Cell Phone Records?

I found out a few days ago, not

from the police, that I am being

accused of prank calling someone

(whom I don't even know). This

person is claiming that the police

gave them a copy of my cell phone

records after they had traced the

prank calls back to me. Is this even

legal? I understand that the

authorities, with a subpoena or

search warrant for probable cause,

can get a copy of my records, but

could the police then hand them

over to the third-party accuser to

examine? If this person is telling

the truth, and does have copies of

my phone records, isn't this an

invasion of my privacy, seeing as

how these records show each and

every outgoing and incoming call? I

have also been threatened by this

person, saying that ''the police said

they are processing all the info and

you'll get a letter in the mail.'' I

know this person could obviously

be lying, however they made

several comments on incoming calls

that I have received; calls they

would not have known about

unless they somehow had my cell

phone records. Is there anything I

can do here? Any way to find out if

this person is telling the truth? Or

do I just have to wait for this


Asked on 3/29/09, 6:32 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Access To Cell Phone Records?

The police could have traced your calls. It is unlikely that police would have provided the records related to an investigation. In any case, you need to contact a criminal defense attorney such as myself and discuss this matter in more detail.

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Answered on 3/30/09, 8:25 pm


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