Can the police use my phone records calls/texts as evidence against someone they have in custody?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the police use my phone records calls/texts as evidence against someone they have in custody?

I went in voluntarily to talk to detectives and they asked for my phone provider information. The person they have in custody did use my phone but I have 2 phones on my account my name only. I got subpoenaed twice and the first time they didn’t mention anything about my phone records until the second time of me going.

Asked on May 3, 2017 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can use your phone records, calls, and texts as evidence so long as they get them properly: that is, you either voluntarily turn them over or they get a warrant issued for them. You cannot be compelled to turn them over without a warrant, signed by a judge, ordering you to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption