Prosecutors often rely on more than just physical evidence when prosecuting drug charges. Text messages and social media posts can also be used to build or strengthen a case. Your digital records can help prosecutors suggest intent, show contact between individuals or piece together a timeline that supports their version of events.
A casual message to a friend, a comment you made jokingly or even a vague social media post can be taken seriously in court and used against you. This includes deleted messages. The police can retrieve texts no longer on your phone or pull your online activity logs from service providers if necessary.
Understand your legal rights
Just because you’re under arrest or being investigated for a crime, that doesn’t mean the police can freely go snooping through your text messages. The Constitution protects you from unlawful searches, and law enforcement must follow specific legal procedures to access your private information or go through your phone without your permission.
Should the police break the law or violate your rights in the process of gathering evidence, the evidence they obtain could be inadmissible in court. A judge may exclude the illegally acquired evidence from your case, which means the prosecution can’t use it to prove your guilt. This is something that could shape how your case unfolds.
Make the right moves when the stakes are high
If you are facing drug charges or are a person of interest in a criminal investigation, be careful about what you post or send online. Don’t assume your digital footprint won’t matter. Seeking legal guidance as soon a possible is also in your best interests. It can help you challenge how the evidence in your case was collected, question its admissibility and protect your rights from the outset.