Prank Call - How can I find their blocked telephone number?
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Someone prank called me last night at ~1:00AM and woke me up. First a woman spoke saying she was from my citys police department and that there was a break in at my business with several items stolen. She then said she was going to give the phone to an officer. The so called officer was a man who started describing the business, its location, and specific items that were stolen. It was obvious that this person knew about the business and what was inside. After a few minutes it became clear by this persons increasingly absurd questions that it was a prank call. I suspect an employee, and want to find out who this was. I called my cell phone company and asked them if I could get their number (because it was blocked). They said I would have to call the police and get some kind of legal document enforcing them to disclose the phone number. Can I call the police and start some kind of process to find out who called me? Would they even take me seriously? I would think they would be because someone was impersonating a police officer. How do you think I should approach this with the police? I live in California.
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Answer:
Dear johnmk, What happened is phone harassment and it is illegal in CA. What you need to do is simple. The cell phone company cannot give out the number with out an official subpoena from the police. This is because the restricted number is private information and telecom laws prevent giving out information to anyone but the account holder of the phone number. Telephone Harassment The commission of threatening, harassing or obscene phone calls is a misdemeanor. Penalties increase with the frequency of such calls and the location of the victim when receiving calls (i.e. workplace). Relief may include temporary restraining orders, injunctions or other court orders. Cal. Penal Code 653m, Telephone calls with intent to annoy. See also Cal. Penal Code section 422-422.1. http://www.privacyrights.org/ar/callaw.htm Telephone Records No information regarding calling patterns, credit or financial information, subscriber services, or demographic data shall be disclosed by any telephone company without first obtaining the residential subscriber's consent. Exceptions include directory assistance services, postal zip codes, collection and billing materials, documents made available pursuant to FCC reporting requirements and the names and addresses of lifeline customers for the purpose of low-income assistance outreach. Cal. PUC, Article 3, Sec. 2891, Customer Right to Privacy. Telephone companies may not include unlisted "telephone access numbers" on lists they rent. Cal. Pub. Util. Code 2891.1 (Smith, 1992, 1994) Telephone Solicitation http://www.privacyrights.org/ar/callaw.htm You need to call the non-emergency number of your local police department and file a police report. Tell whoever answers your situation and they?ll refer you to the proper dept. Also, get a copy of your bill that shows the incoming call and time. Document what was said, time and date of what you can remember. In addition, any names given to you by the callers, especially if someone identified himself or herself as a police officer. The more information and proof you have of the call, the better. See here for more: http://www.privacyrights.org/fs/fs2a-cellcalls.htm Also at that site: ?The law will vary from state to state, but in California a single call******** I note this to the comment below by daniel2d, since in CA, 1 call is enough to be harassment******** is enough to meet the definition of harassment if the caller threatens physical harm or is obscene. If the call does not fall into either of these categories, the calls must be repeated to be considered harassment. Intent is another requirement included in most harassment definitions. The law generally requires that the harasser intend the calls to be viewed as harassment. Because of the need to prove intent, you should tell the harasser that you do not want to speak to the person and to stop calling. If the harasser persists after this clear message, it will be easier to prove that the intent was to harass.? The police will file a report, subpoena the phone number, find out whom the caller was, and take appropriate action per the law. If you get anymore calls during the time of the investigation, document them as well and notify the officer in charge. Ask them for what they need from you. They?re good at walking you through these situations. It?s their job! They?ll definitely take you seriously. Google search used: ://www.google.com/search?hl=en&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=phone+harassment+california&spell=1 phone harassment California If this answer requires further explanation, please request clarification before rating it, and I'll be happy to look into this further. Nenna-GA Google Answers Researcher
johnmk-ga at Google Answers Visit the source
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