
Legal or not, I've seen it done.  Phone records were obtained
in order to *establish* probable cause, rather than as a result of it.
In other words, for a fishing expedition.

 

And does the phone company require written, subpoena-able evidence
of probable cause in order to process the request?  I suggest that
the officer was disinterested in pursuing your case -- even if you
could prove the offender had called you at a certain time, your 
chances of winning a harassment suit on the strength of this evidence
are nil.  My contact with several people who have dealt with cases
of extreme phone harassment (several thousand calls in one case) teaches 
me that police in this area are quite lethargic about pursuing such matters.
