Los Angeles Criminal Law Blog

Text Messaging as Trial Evidence? Constitutional Right to Privacy Protection

Posted on: August 4, 2008 at 9:18 p.m.

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

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