Prosecutors use text messages in Minnesota drug cases to prove circumstantial evidence. Text messages can prove intent or motive to distribute drugs. Knowing how your text messages may be used against you in a drug crime case can help you plan an effective defense strategy. That’s why you should involve a Minnesota drug crime attorney immediately after you get arrested, charged, or discover the police are investigating you for a drug crime. Your lawyer can carefully examine your text messages and determine the best way to counter the prosecution’s case.
At Keller Criminal Defense Attorneys, we know how prosecutors use electronic evidence to secure convictions. Our drug crime lawyers have over 25 years of experience. They’ve litigated hundreds of criminal cases with a high success rate. Call us at (952) 913-1421 to schedule a free consultation.
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Can Text Messages Be Used as Evidence in Minnesota Drug Cases?
The prosecution can present text messages as evidence if it’s well-preserved and admissible. Digital evidence is crucial in prosecuting criminal cases. That’s especially crucial when the state is grappling with increased opioid overdoses. The admissibility of circumstantial evidence, such as text messages or emails, is often a matter of debate in court. The digital evidence must meet all the admissibility rules.
Data authenticity is a key requirement. Prosecutors must prove that the defendant was the actual sender of the text message. Proving authenticity can be challenging. Someone may have hacked into your smart device and sent the text. So, the court can’t rely on a witness’s testimony that the witness received a text from the defendant in a drug crime.
The difficulty in establishing message authenticity compels most courts to take a liberal approach. Claiming the text came from the defendant’s device doesn’t mean the defendant sent it. The prosecution must find other direct circumstantial evidence to prove authenticity. A witness may claim the defendant sent the texts with details about the crime. The defendant then called intermittently while texting to explain the details of the crime. In that case, the prosecution will connect the text messages and the call logs to show authenticity.
Under Minnesota criminal law, prosecutors have 36 hours to appear in court to present text message evidence in drug cases. That timeline applies to arrests without warrants. But how long do police have to file drug charges? The state’s statute of limitations for drug crimes is three (3) years from the arrest date.
How Prosecutors Interpret and Present Digital Communication
Prosecutors must adhere to legal guidelines to interpret the messages. They must meticulously choreograph their presentation in court. Arguments must be supported with clear concepts, analogies, and visual displays. The prosecution will present the evidence by:
Confirming Data “Hash Value”
Prosecutors often present digital messages by comparing the data hash value. A hash code is a special numerical data identifier. It’s designated to a group of text files based on a standard algorithm that categorizes the same data set. It’s almost impossible for two sets of files to have the same code. So, the hash value is a crucial metric in showing that the electronic evidence is original and unaltered.
Retrieving Metadata
The prosecution may retrieve metadata to establish the authenticity of online communication. That may include geolocation data and message timestamps. That data might corroborate a witness’s account of his or her digital interaction with the defendant. A prosecutor may also tie the data to other circumstantial evidence to show motive or premeditation. Besides witnesses, the prosecution may call upon expert witnesses. The expert witness may compare the text message with an authenticated specimen to verify originality.
Finding Distinctions and Patterns
The prosecutor’s office may also look for distinctive characteristics in the texts that match the defendant’s way of texting. That involves comparing the evidence with previous messages sent under similar circumstances. Distinctive attributes and patterns include similarities in message content, internal patterns, and other characteristics based on the case.
Text messages can, for instance, be admitted in court in a driving under the influence of drugs case. This is especially true if the messages are relevant to the case and obtained lawfully.
Why You Should Speak to a Minnesota Drug Crime Attorney About Your Case
A Minnesota drug crime attorney who has successfully defended people with cases like yours can improve your odds of winning the case or getting a favorable outcome. Some strategies your lawyer may use to defend you include:
Disputing the Evidence Collection Procedure
The law requires police officers to obtain a valid court-issued warrant or have a justifiable probable cause before conducting searches and seizures in drug cases. So, your lawyer will assess how the prosecution retrieved the online communication files in your drug crime case. The lawyer will contest the evidence if the lawyer establishes the police searched and seized your phone illegally. The lawyer may request the court to exclude that piece of evidence by filing a motion to suppress.
Questioning Data Integrity
A criminal defense attorney ensures evidence is well-preserved under a traceable chain of custody. Reputable drug crime lawyers have the technological tools to retrieve metadata and hash values to verify authenticity. They can use these tools to identify altered data. They can then challenge any inconsistencies between the prosecution’s data and the information in their data analysis report.
Issuing Well-Timed and Precise Subpoenas
Criminal defense lawyers in Minnesota have the legal authority to prepare subpoenas. Your lawyer can obtain your text messages and call logs from your telephone services provider using subpoenas. The lawyer will ensure the subpoena is well-timed, properly drafted, and adheres to legal requirements. The lawyer will then use the text messages and logs to identify an alternative explanation and use it to discredit the prosecution’s claims.
Our drug crime lawyers are an authority in the Minnesota criminal justice landscape. They’ll evaluate your drug crime case and craft a winning defense strategy. Contact us today to find out how our seasoned lawyers can help you.
