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

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?

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Attorney answers 4


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.


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

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