Lawyers rarely apply to the courts for traffic information from mobile operators. However, in criminal proceedings, such information may become key, refute or confirm the impressions, confirm the alibi and play in favor of your client.
Such information can be used to discredit a witness, victim, accused in court or to confirm the applicant's connection to a corruption offense with law enforcement. Example during interrogation in court:
Protection: Did you meet with a police officer before filing a claim for extortion? Witness: No, I did not meet or communicate. Protection: What time did you report to the police? Witness: At 10 o'clock. Protection: Then explain why your phone and the phone of the police officer worked at 8 o'clock near your house, and at 9 o'clock - near the police station? |
As you can see, a few simple questions with the help of the received information can sow doubts in the authenticity of the person's words and in the eyes of the court it will no longer look convincing. Such techniques are good to use in conjunction with other evidence in your favor.
What information do operators provide?
You can find out by phone number:
1) approximate location of the person at a particular time. Approximately, because you can see the nearest mobile tower to which the phone was connected. The coverage range of the tower is approximately 300 meters.
2) to build a route of movement of the person. When moving, the phone periodically switches to a tower, the connection of which is more stable. As a result, according to the list of addresses of base stations, you can make an approximate route of the person.
3) numbers of persons with whom she communicated. Operators provide information about all incoming and outgoing calls for a certain period of time. That is, you will see a list of phone numbers that were called and called from a certain number.
4) duration of connections with subscribers. Operators record the duration of connections, including zero connections.
5) service sms. You can see the sender's name, without the content of the message itself. This is a message from mobile operators, banks, shops.
Procedure for retrieving information from mobile operators
To obtain information in criminal proceedings, you must first go to court, justify the need to obtain information, provide evidence to the court to confirm the commission of a criminal offense and the involvement of certain persons who used mobile communications in its commission.
If the court agrees with your arguments, you will receive a decision from the investigating judge on temporary access to the documents. After receiving the court decision, it is necessary to appear in person at the main office of the operator in Kyiv for further execution of the decision and withdrawal of information. For example, retrieval of information from Kyivstar PJSC may take several days due to long queues of investigators.
Example of a decision received by lawyers of Bargen Law Firm:
How can such information be used?
Such information can tell a lot about a particular person. To summarize, we can identify the following main advantages:
- confirmation of the alibi of the person (stay at the time of the crime in another place);
- discrediting a witness or victim;
- obtaining information about the circle of communication, location, use of certain services.
Conclusions
Obtaining information from mobile operators is an important tool that can be successfully used in criminal proceedings. It will help expose false impressions, establish personal connections and confirm an alibi. Often the value of obtaining such information outweighs the significant time required to obtain it.
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