Legal Phone Warrant

LEGAL PHONE WARRANT

Court:    Case No.:

Applicant Name:    Agency:

Applicant Badge/ID:    Applicant Contact:

Target/Subscriber Name:    Primary Phone Number:

Service Provider:    Provider Address:

RECITALS

WHEREAS, Applicant is a duly authorized law enforcement officer of the agency identified above and has probable cause to believe that evidence of a crime, specifically: , is located in records or information maintained by the Service Provider identified above;

WHEREAS, Applicant has submitted an affidavit under oath detailing facts establishing probable cause to believe that the records, data and/or communications specified below will constitute evidence of the offense described above and will aid in the investigation;

WHEREAS, the records and information sought are specified with particularity, and less intrusive means are not reasonably available to obtain the required information in a timely manner;

NOW THEREFORE, upon review of the affidavit and for good cause shown, the Court finds that probable cause exists and issues the following warrant pursuant to applicable law.

1. AUTHORIZATION

The Service Provider is ordered to disclose to Applicant and to retain and preserve for a period of time set forth in Section 4 the following information and records pertaining to the Target/Subscriber and the Target Phone Number:

Requested categories (check each requested): Subscriber information and account records, including name, billing address, service start date and types of service. Call detail records / session logs (incoming and outgoing call records, time, duration, numbers called/received). SMS/MMS transactional records and metadata (sender/recipient, time stamps), not content unless specifically authorized below. Real-time or prospective location information (if checked, probable cause specific to real-time tracking required). Historical cell-site location information or other historical location data. Voicemail and voicemail content (requires separate showing of probable cause to seize contents). Device identifiers and IMSI/IMEI/ESN data and provisioning records.

2. PARTICULARITY

The warrant particularly describes the places to be searched and items to be seized. The Service Provider shall produce only those records and information that are within the categories checked above and that pertain to the Target/Subscriber and the Target Phone Number for the time period specified in Section 4. Applicant must specify the particular items and limitations below:

3. SCOPE, METHOD OF DISCLOSURE, AND SECURITY

The Service Provider shall produce responsive records in a reasonably usable electronic format where available. The Service Provider shall preserve the integrity of produced records and shall not alter metadata or timestamps. Delivery shall be made to Applicant by secure transfer or physical media as agreed between Applicant and the Service Provider.

4. DURATION

The Service Provider shall produce records for the period from through unless a different period is specified in Section 2 above.

5. RETURN, INVENTORY, AND ACCOUNTING

Within days after completion of production, Applicant shall file with the Court a return and inventory describing the records produced and the manner of production. The Service Provider may file a notice with the Court if it seeks to limit disclosure on legal grounds.

6. MINIMIZATION AND REDACTION

Applicant and the Service Provider must take reasonable steps to minimize the acquisition and dissemination of information unrelated to the criminal investigation. Where practicable, records containing information about persons other than the Target/Subscriber shall be segregated or redacted prior to disclosure unless inclusion is necessary to the investigation and authorized by the Court.

7. DELAY OF NOTICE / NON-DISCLOSURE

Applicant requests that notice to the Target/Subscriber of the application for or execution of this warrant be delayed. The grounds supporting a request to delay notice are set forth in the affidavit and summarized below.

8. AFFIDAVIT / PROBABLE CAUSE

Applicant affirms under oath that the statements contained in the accompanying affidavit are true and correct to the best of Applicant's knowledge and belief and establish probable cause for this warrant. A concise summary of the material facts establishing probable cause is provided below and in the attached affidavit.

9. ORDER

Based upon the foregoing, the Court finds probable cause and orders that the Service Provider shall produce the records and information described in this warrant to Applicant in accordance with the terms herein. This Order is effective upon issuance by the Court.

10. COMPLIANCE, NOTICES, AND AMENDMENTS

The Service Provider may notify the Court if it believes compliance with this Warrant would violate any legal requirement or if it seeks protective relief. Any amendment to this Warrant must be made by order of the Court. Nothing in this Warrant authorizes the Service Provider to disclose contents of communications unless specifically authorized and supported by probable cause.

11. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

Governing Law: This Warrant is issued pursuant to and governed by the laws and rules of the jurisdiction of the issuing Court. Entire Agreement: This Warrant, together with the sworn affidavit and any judicial orders incorporated by reference, constitutes the entire order of the Court with respect to the matters addressed herein. Severability: If any provision of this Warrant is held invalid, the remainder of the Warrant shall remain in full force and effect.

12. CERTIFICATION OF SERVICE PROVIDER

The Service Provider shall provide a written certification to Applicant indicating the scope of records produced, the dates of production, and the person executing the production on behalf of the Provider. If the Provider withholds records on legal grounds, it shall file a timely notice with the Court and provide a copy to Applicant.

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