Kelsey Smith Act
Please see the below link. It is the case that led to the established law in KS, NE, and MN requiring cell phone companies to provide data to law enforcement agencies, in order to track missing persons, in exigent circumstances.
Family members are trying to persuade AT&T to send an engineer to the cell tower. With his phone records and LAC and CID information from data sent to his phone up until 4/14, we hope an engineer can help us locate Jeremy.
Kim are discussing. 
Help Find Jeremy Griess 
Greg Smith 8:28 am on April 27, 2010 Permalink |
Issuance of a subpoena does not automatically compel release of information. It does not have the same force as a warrant. In my daughter’s case (Kelsey Smith) a subpoena was issued and the cell phone company refused to comply. It was very frustrating, particularly since I was a cop when my daughter was kidnapped and I knew what procedures had to be followed.
AT&T has an excellent emergency call center and works well with law enforcement. Certain criteria has to be established before the information can be released and it can only be released to law enforcement. It cannot and will not be released to the family nor will any phone provider do as the family is asking because of federal laws in place. AT&T and Sprint both helped write the Kelsey Smith Act in Kansas. All of the big three (Sprint, Verizon, and AT&T) are on record supporting the act when it was passed in Minnesota. Even if the state had the Kelsey Smith Act, the information will not be released to family members. It is only released to law enforcement.
Kim 2:29 pm on April 21, 2010 Permalink |
Your Police/Sheriff’s Departments should be able to obtain a subpoena through your local County/District Attorney to get the phone records from AT&T. And then also those departments can do
what is called an off-line search thru NCIC. What this is, is the law enforcement agency calls the Federal agency NCIC and ask them to do an “off-line” search for Jeremy and also the vehicle. What this will do is tell them if any other law enforcement agency that may have had contact with Jeremy or the vehicle before it was known he was missing.