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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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