Cell phone record subpoenas cost

For at least a short while, those facing prosecution in Lee County may find it less likely to have information about their cellular phones submitted as evidence in court.

Cell phone service provider U.S. Cellular recently informed County Attorney Mike Short the company has begun charging for information about its subscribers.

It has become increasingly common for the county attorney's office to request cell phone records for crimes such as harassment, Short said.

"We give out subpoenas to cell phone companies by the hundreds. ... Every crime, we're checking cell phone records," Short said Tuesday during a Lee County department head meeting following the regular Board of Supervisors meeting Tuesday.

U.S. Cellular began charging May 4, Short said.

For the short term, the attorney's office doesn't have the funds budgeted to pay for as many subpoenas as it has requested in the past.

"Considering the volume we have done, it could run into some real money. Obviously for the short term, it's not in budget," Short said. "Which means I'm probably not going to do as much or I'm going to come back later and say (to supervisors) I'm going to need a little more money."

When Short protested the charges, U.S. Cellular cited a 2005 court case, Ameritech Corp. V. McCann, in which a U.S. District Court judge in Wisconsin ruled cell phone companies can reasonably bill for information, Short said.

U.S. Cellular charges for a variety of information ranging from $5 for each monthly bill to $40 for specific call information, Short said.

A handful of other companies, including Virgin Mobile and Verizon, also charge for such information. Short expects AT&T and Sprint soon will be sending him bills, too.

Short noted that I-wireless, an affiliate of T-Mobile, does not charge.