I’m researching the admissibility of text messages as evidence (specifically, whether or not spousal privilege applies to these types of communication), and I found this blog during my search. It’s not completely in line with my topic, but I still think it has a lot of good information.
The near ubiquitous use of smartphones in the digital age has introduced a wealth of new evidence into many types of criminal cases. Law enforcement routinely subpoenas cell phone records to obtain call records that might substantiate contact between a suspect and a victim or co-conspirator, obtain text messages which can be used as admissions or provide helpful context to the events surrounding a crime, and use cell phone tower information to pinpoint a suspect’s location at critical times.
However, law enforcement does not have a monopoly over this type of evidence. Cell phone, text, and SMS records can be used by the defense to challenge an accuser’s credibility, establish that an accuser was not in fear of the accused, or corroborate an accused’s alibi. This evidence is especially useful, and most likely to be present, in domestic violence cases.
If you are facing an accusation of domestic violence, it is critical…
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