In New York, cell phone records resulted in the conviction of two murders. In one case, a bitter mother in a custody battle hired Mikhail Mallayev to murder her son's father. He shot the man in Queens. Mallayev was smart enough to turn his cell off that morning, but when questioned, his alibi simply didn't match his afternoon cell phone records. His verdict: murder.
In another New York case, Queens' nightclub bouncer, Darryl Littlejohn, murdered Imette St. Guillen without the wherewithal to stay off his cell phone during the murder. While he made phone call after phone call, every movement was tracked right up to the point of when he dumped her body in Brooklyn. When he tried to jettison New York and head to his home in Atlanta, his cell phone record tracked this, too. His verdict: murder.
To obtain cell phone records, it is simple; all you need is a little money and an Internet connection. At this point in time, no formal laws ban the retrieval of someone else's cell phone records although advocates for privacy are up in arms over this so-called invasion of privacy. Supporters say if you have nothing to hide, you have nothing to worry about.
When you retrieve cell phone records, the location where the call was made may be tracked--in urban areas up to 200 yards and in rural areas a 20-mile radius. Individual cell phone companies estimate in the area of 500 requests a month for a live search.
Law enforcement even does live searches on a cell phone that is turned on without a phone call made. This is a fuzzy area in law; some states require a search warrant and other states like New Jersey and Florida have allowed them in court and convicted serial killers, kidnappers, and drug dealers. As many as 98 records were allowed in New Jersey last year with 83 convictions resulting thereof.
The big question is when is someone within their rights to track cell phone records? Let's say that you are a spouse that has been cheated on, and you decide to conduct your own private investigation. In many states, adultery is a crime even though prosecution for adultery is virtually unheard of. Whether these records are permissible or not, you will certainly get some answers.
In the meantime, you can check cell phone records of anyone you wish, the only thing holding you back is your moral obligations. However, when it comes to the safety of your children or the integrity of your marriage, your own investigation of cell phone records may be your last line of defense.
