Doing an essay and I'm curious to know how long it takes to get a warrant to search phone records? If the police are looking for someone that has a warrant for breaking a restraining order can they get a warrant to search their phone records? The person got a restraining order placed due to a domestic dispute...thanks
They can get one and it is at most a one hour process.
It's doubtful that an agency would seek a warrant for phone records on such a minor charge.
In fact, many of the carriers will not cooperate with law enforcemesearch doesnt unless it is a major felony offense.
I agree with Sgt Friday, we would not obtain a warrant in that case. A violation of a protection order is one of those crimes that we must witness. We don't make arrests because someone says "oh yeah he was here 6 hours ago". Unless the suspect was making threats (which would be felony harassment) we would not waste our time. We would just tell you to call us when he calls back.
If we wanted to get a warrant (whether for phone records or anything else I wanted to search) I can have a sesearch doesarch warrant in hand within 10 minutes of being told "get a warrant". In my state we have what are called Telephonic Search Warrants. Basicly we call an on duty judge, they tell us to turn on the tape recorder and they put us under oath. We then read our probable cause and they will say yes its granted or no its not. If they say yes, they give us permission to sign their name to the warrant. The whole conversation lasts less than 10 minutes usually and I can do it while sitting infront of your house.
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