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Text Messaging as Trial Evidence? Constitutional Right to Privacy Protection

Posted by Dmitry Gorin | Aug 04, 2008 | 0 Comments

Los Angeles criminal defense attorneys are coming across cell phone and text messaging evidence more and more in court. The evidence connects parties to crimes, established relationships, and provides actual language/conversations between people - without a wiretap order. Recently the United States Court of Appeals for the Ninth Circuit held that users of text-messaging services have a reasonable expectation of privacy in the contents of copies of messages the service provider stores on its network.A three-judge panel ruled unanimously that the Ontario Police Department violated the Fourth Amendment rights of one of its officers and three others with whom he had exchanged text messages on a department-issued pager when it obtained transcripts of the messages from the service provider and reviewed their contents in order to determine whether a monthly overage charge resulted from personal use.The officer Tagged as: motion to dismiss unlawful police search, probation and sentencing laws

About the Author

Dmitry Gorin

Dmitry Gorin is a licensed attorney, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...


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