Chris Combs of Combs Waterkotte discusses whether deleted text messages can be subpoenaed in court.
This video is part of a series on your legal rights during police interactions. Learn how law enforcement builds a case and how a criminal defense attorney can help protect your freedom.
Interview Transcript
Scott Michael Dunn: Can deleted text messages be subpoenaed?
Chris Combs: Yes. Of course you have the cloud, right? So you delete it off your phone, then you go to recently deleted items, you delete it from that folder. You have to look at your phone and its backup settings. If it’s an iPhone, how often is it back to updating to the cloud?
Sometimes things do go away. I have a case recently where we were looking for some text messages that our client had deleted that would have been advantageous to us. We sent off his computer and his phone. You almost have to have the device these days. You’re not going to get it from AT&T or Verizon or Apple. But if you have the device, almost always you can recover it.
We do employ forensic computer data, to extract it, do a data dump.
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