Skip to main content

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?

+ Read More

Attorney answers 4

Posted

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.

Posted

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

Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.

Posted

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.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

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

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.