“The only thing I can think of is that the phones records may be private until they become part of a police reportthen they would be part of a public record. I think the Seminole PD operates differently from a regular police department because of it being tribal.”
Well, maybe, but I can’t see how the ownership of the records generated on machinery and satellite capabilities owned by a company NOT located within the SPD jurisdictionI ie within the US) can be now claimed to be the sole property of the nation of the Seminoles. It THAT what is claimed? Maybe, but I’m no lawyer and I’m just speculating.
I keep wondering if someone hasn’t “cut a deal” with HKS to not go after subpoenaeing the records of the US based cell phone company in a US court of law? Even so, surely the records of calls received by KE, — who was NOT in the Seminole jurisdiction after leaving ANS, or any other stateside potential HKS “insider,” eg Bonbon , should be obtainable.
They have to have (or have *had* at the time) probable cause, just like any search warrant.
If they don’t believe a crime has been committed, which they say they don’t, then there is no probable cause for the subpoena.