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How far back can phone records be pulled?


Phone records contain detailed information about calls made and received, including phone numbers, date and time of calls, and call duration. This data is maintained by phone carriers for a certain period of time before it is deleted. Law enforcement and government agencies can request these records from carriers with a subpoena or court order. So how far back can these agencies get phone records from carriers? The answer depends on a few factors.

Data Retention Requirements

Federal law mandates that phone carriers retain certain types of phone records for a minimum period of time. Specifically:

  • Call detail records must be kept for 18 months.
  • Cell site location information must be kept for 2 years.

Call detail records include information about calls made and received, like phone numbers and timestamps. Cell site location information refers to data about which cell tower a phone connected to during calls.

Beyond these minimum retention periods, individual carriers may keep records for longer periods for business purposes. However, most delete records after a few years due to storage constraints.

Types of Phone Records

There are a few main types of phone records that law enforcement may request:

Call Logs

Call logs provide details about calls made and received, including:

  • Phone numbers involved in the call
  • Date and time the call occurred
  • Duration of the call

Carriers keep these records for 18 months at minimum. However, many retain logs for 1-2 years beyond that.

Text Message Logs

Text message logs show similar information as call logs, but for text messages instead of calls. These include:

  • Phone numbers involved
  • Date and time of the text
  • Content of the message

Text logs are generally kept for the same duration as call logs by carriers.

Cell Site Location Information

This data reveals which cell tower a phone connected to during calls. It can be used to approximate the location of the phone at a given time.

Carriers must keep it for at least 2 years under federal law. But many retain it for 3-5 years based on business needs.

Voicemail Records

For stored voicemails, carriers can provide the date and time of the voicemail, numbers involved, and the audio recording. These are typically kept for 1-2 years.

How Long Records Are Kept

While the federal minimums are 18 months for call logs and 2 years for cell site information, most major carriers keep data longer:

AT&T

AT&T keeps call logs and text message logs for 5-7 years. Cell site information is saved for 5 years.

Verizon

Verizon retains call logs and text logs for 7 years. Cell site location data is kept for 1 year.

T-Mobile

T-Mobile stores call and text details for 2-5 years depending on the type of data. Cell site information is kept for 2 years.

Sprint

Sprint saves call and text logs for 18 months. Cell site data is retained for 2 years.

Carrier Call/Text Logs Cell Site Data
AT&T 5-7 years 5 years
Verizon 7 years 1 year
T-Mobile 2-5 years 2 years
Sprint 18 months 2 years

How Far Back Records Can Be Obtained

Based on typical carrier retention policies, here is the max timeframe law enforcement is likely able to obtain phone records from:

  • Call Logs – 5-7 years
  • Text Message Logs – 5-7 years
  • Cell Site Location Data – 1-5 years
  • Voicemails – 1-2 years

However, there are a few caveats:

  • Older records may not be complete or fully accessible after several years.
  • For criminal investigations, police may be able to request an extension to retention periods from carriers while an investigation is active.
  • Records related to missing persons or children can be kept indefinitely until requested.
  • Business accounts often have longer retention times, allowing access to older records.
  • Data from deactivated accounts is typically deleted more quickly.

In most standard cases, 5-7 years is the max history reachable unless an exception applies. This covers the typical statute of limitations for many crimes.

Getting Phone Records

For law enforcement to obtain phone records, they need to go through proper legal channels:

Subpoena

A subpoena allows police to get phone records without evidence of a crime, usually just requiring an ongoing investigation. Subpoenas are easier to obtain than a warrant but may prompt challenges from the carrier or phone owner.

Search Warrant

A search warrant requires law enforcement to demonstrate probable cause of a crime to a judge. But with a warrant, carriers must comply and challenges are less likely. However, warrants take more time and evidence to secure than subpoenas.

Exigent Circumstances

In an emergency such as a kidnapping or imminent threat, police can request records without traditional court orders. But data obtained this way can be subject to more scrutiny.

National Security Letter

For issues related to national security and counterterrorism, intelligence agencies like the FBI can use national security letters to obtain records quickly from carriers without court oversight.

Individual Requests for Records

For individuals looking to get their own phone records, such as for a personal legal matter, requests need to go directly to the phone carrier. Most carriers allow record requests by:

  • Online account portal
  • Written request
  • In-store visit

Individuals can typically get data ranging from a few months to a few years old, depending on the carrier. Formal court orders may be required for older records. Costs range from $10-$50 per month of data requested.

Challenges to Record Requests

While law enforcement typically has broad access to phone records through proper procedures, requests can still be challenged:

  • During prosecution – Defense attorneys can dispute the validity of subpoenas or warrants used to obtain records.
  • Carrier refuses request – Carriers aren’t required to comply with all requests and can refuse if they seem unlawful.
  • File a motion to suppress – Individuals can file motions arguing obtained records violated their rights.
  • Claim exigent circumstances didn’t exist – The defense can argue no emergency justified warrantless access to records.
  • Sue carrier for violating privacy – People can sue carriers that release records without a proper court order.

However, these challenges only occasionally succeed in getting records or evidence excluded from legal proceedings.

Privacy Concerns

Access to extensive phone records raises personal privacy issues that continue to be debated:

  • Police could engage in fishing expeditions just browsing records rather than targeting individuals.
  • Years of location data reveals sensitive details about people’s lives.
  • Lack of notice – Individuals don’t know when police or agencies access their information.
  • No expiration – Records can be kept indefinitely and searched at any point in the future.

Some argue access should require a higher legal standard beyond just subpoenas. There have also been proposals to limit retention time for some records. However, law enforcement contends long access to records remains crucial for building cases.

Conclusion

Phone companies keep various records of calls, texts, locations, and voicemails for extended periods, ranging from 18 months to 7 years or more. Law enforcement can access much of this historical data for investigative purposes through accepted legal procedures like subpoenas and search warrants. While certain legal challenges are possible, police are generally able to obtain phone records dating back 5-7 years in most cases – longer than the statute of limitations for many crimes. However, expansive access to phone data continues to raise privacy issues regarding the lack of restrictions on police searches through people’s call and location histories when building cases.