can federal court use text messages from a phone that did not belong to the person charged against them as evidence in a criminal drug conspiracy case?
Insurance Law Lawyer
Yes, assuming that the text message is from the person charged (i.e., the defendant). The owner of the cell phone (i.e., the recipient of the message) will need to testify. The text may be used to help establish the defendant's state of mind relating to the conspiracy, and/or the underlying crime.