Can text messages be used as evidence in court? For example, drug deals?

Asked over 1 year ago - Jacksonville, TX

For example, me texting a person asking them to sell me drugs to gain information on the whereabouts of their friend who has a warrant and stole from my home?

Attorney answers (4)

  1. Bart Charles Craytor

    Contributor Level 17

    5

    Lawyers agree

    Answered . Yes, Text messages can be used as evidence in court. As long as the predicate can be stated for their admission.

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  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Almost certainly. There is some conflict in the caselaw about whether a search warrant is necessary to go through a person's phone. Most of the caselaw states that a person has no expectation of privacy to the information on their phone. But if you have a password on your phone, for instance, you may be able to keep them out. It's at least an argument your attorney should be making.

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  3. Evan Edward Pierce-Jones

    Contributor Level 18

    2

    Lawyers agree

    Answered . Text message strings can also be subpoened from cell phone carriers. I have seen alot of that lately.

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  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes they can but it is very hard to actually show who was the sender of a text. Yes there are ways to pinpoint cell phone or devise but to actually show that a certain person did it is very difficult and takes experts and time.

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