Can Online Chats Be Used as Evidence in Washington?

Yes, online chats can be used as evidence in a Washington criminal case but the prosecution typically must establish that the online chat evidence is relevant and that the proper foundation has been established to authenticate the online chat evidence.

There are a variety of ways in which online communication can be used as evidence in criminal cases. For example, text messages, social media messages, emails, and other forms of online communication can be used to prove allegations of threats, harassment, drug offenses, fraud, theft, assault and other crimes including domestic violence and stalking.

If the online chats of a defendant are being used by police or a prosecutor as evidence in a Washington criminal case, the defendant should seek the assistance of a Vancouver, Washington Criminal Defense Attorney who can analyze the manner in which the online chats were obtained as well as the authenticity of the online chats and whether such evidence should be admitted into evidence at trial.

What Types of Online Chats Can Be Used as Evidence?

Many electronic communications can be used as evidence in criminal cases. Some examples of the various types of communications and messages that could be used as evidence are:

• Facebook Messenger conversationsText messages
• Instagram direct messages
• WhatsApp chats
• Snapchat messages
• Emails
• Discord conversations
• Online marketplace messages
• Dating-app communications
• Comments and private messages on social media
• Other electronic communications

The existence of a message does not in itself prove a criminal allegation. All messages are evidence and have to be admitted according to the rules of evidence as with any other type of evidence.

How Can Online Chats Become Evidence?

Law enforcement methods for obtaining electronic evidence to be used as evidence in a criminal proceeding.

Evidence may come from:

A Phone or Computer

Messages may be found on a phone or computer during an investigation into allegations of wrongdoing and the issue then becomes whether they were lawfully searched for and seized by police.

A Search Warrant

It will depend on the circumstances and the jurisdiction in which the communications took place.

A Cloud Account

Messages can be stored or even backed up on cloud accounts.

Another Person’s Device

Police obtain physical copies of messages (in the form of screenshots) or written copies of messages from another party involved in the conversation.

Social Media or Online Platforms

Messages and other information may sometimes be stored or backed up through cloud services, as investigators may seek information from service providers through legally authorized procedures.

Remember, because evidence is stored on different media in different locations, your lawyer must find out how the evidence was obtained from the investigators.

Are Screenshots of Chats Admissible in Court?

Potentially.

Proof of a conversation by way of a screenshot can be used as evidence of a conversation but it must be proven to be a true and accurate communication and that the correct person sent and received the messages.

Authentication can become an important issue.

For example, a defense attorney may examine:

• Who created the screenshot
• When it was created
• Whether the complete conversation is available
• Whether messages were edited or deleted
• Whether the account actually belonged to the defendant
• Whether the phone number or username identifies the defendant
• Whether there is other evidence which establishes the identity of the sender?
• Whether the screenshot accurately reflects the original communication

Just because a screenshot is provided does not mean that all of these issues can be answered by that one screenshot.

Can Deleted Messages Be Used as Evidence?

Potentially.

Messages that have been deleted can still exist via backups of the site where the messages were sent or even on another’s device.

Deleted Messages Can be Used as Evidence.

Please do not attempt to destroy evidence or alter physical evidence once you have learned that you are under investigation. We can advise you on how to proceed and explain your rights and obligations while you are under investigation.

Can Police Search My Phone for Messages?

The answer depends on the circumstances.

A person’s phone contains many personal matters including messages, photos, location information and more.

A search of a person’s phone for messages depends on the circumstances and whether the police have sufficient authority to do a search.

Your attorney can examine questions such as:

• Did police have a warrant?
• Was the warrant valid?
• Is the search and seizure permitted by the terms of the warrant?
• Did you consent to the search?
• Did officers exceed the scope of their authority?
• Did police obtain the evidence from another source?

There is also the possibility that unlawfully obtained evidence will be excluded at trial.

What Is Authentication of Online Chats?

Authentication refers to establishing that offered evidence actually is what the party offering it claims it is.

In order to connect online communications to the proper party, the prosecution must also authenticate the communication.

Evidence that may help authenticate a conversation:

• Phone numbers
• Usernames
• Account information
• Device records
• Metadata
• Witness testimony
• Other messages
• Statements acknowledging the conversation
• Circumstantial evidence connecting an account to a person

The requirements for authentication are generally determined by the evidence presented in a given case.

Can Someone Fake Online Chats?

Yes, online chats can be faked.

Just because all screenshot or messages appear to be real does not mean they are true. It is best for a defense attorney to review questionable electronic evidence rather than blindly accepting it.

Potential issues include:

• Missing portions of a conversation
• Cropped screenshots
• Incomplete message threads
• Altered images
• Fake accounts
• Impersonation
• Incorrect dates or timestamps
• Messages presented without surrounding context
• Unclear account ownership

A complete conversation can sometimes provide substantially different context than a single isolated message.

Can the Context of a Message Matter?

Absolutely.

A single sentence can look very different when viewed out of context of the rest of the conversation.

For example, a message that looks very threatening by itself may take on a very different light when read within the context of the rest of the conversation.

Again, a defense attorney is better equipped to look at the entire conversation than the messages selected by the prosecutor for evidence.

Can Online Chats Be Used in Domestic Violence Cases?

Yes.

Text messages and social media communications often become evidence in domestic violence cases.

Investigators may review communications involving:

• Alleged threats
• Harassment
• Arguments
• Contact after a protection order
• Alleged intimidation
• Statements about an incident
• Communications between the accused and alleged victim

Even if a protection order only prohibits contact, sending messages can be against it and cause additional problems.

Even if you are subject to a no-contact or protection order, communication with the protected person can potentially cause additional charges to be laid. It is best to seek legal advice before any communication with the protected person.

Can Online Chats Be Used in Drug Crime Cases?

They can.

Online messaging communication may also be looked at by investigators when charging someone with drug possession, distribution, delivery or manufacturing charges.

Prosecutors might attempt to use messages to establish:

• Knowledge
• Intent
• Ownership
• Possession
• Alleged transactions
• Communications with other individuals
• Plans or arrangements

However, the prosecution still must prove all of the elements of the charged crime.

Your attorney will review the online communication(s) to see if they can be used by the prosecutor to establish the necessary elements of the charged offense(s).

Can Online Chats Be Used in Fraud Cases?

Yes.

In other words, online chats can become evidence in white-collar crimes such as fraud.

Investigators may examine messages involving:

• Financial transactions
• Business relationships
• Alleged false statements
• Requests for money
• Online sales
• Bank or payment information
• Communications between alleged participants

The context, authenticity and source of such communications can be relevant.

Can Online Chats Be Used in Stalking or Harassment Cases?

Yes.

These online communications can become relevant in a case where someone alleges that he or she is being stalked or harassed by another.

Investigators may consider:

• The number of communications
• The content of messages
• When messages were sent
• Whether the recipient asked the sender to stop
• Whether the communications contained threats
• Whether other conduct occurred alongside the communications

These are typically specified in the relevant offense.

What If Someone Else Used My Account?

Just because you own an account does not mean you sent a message from that account.

For example, multiple people may have access to:

• A shared computer
• A family tablet
• A social media account
• A phone
• An online marketplace account

Your attorney will explore the evidence linking you to the communication(s) in question.

These types of pieces of evidence include device records, account info, login information and sometimes even witness testimony.

Can Online Chats Be Taken Out of Context?

Yes.

This can become an important defense issue.

A particular message or two may be chosen for a prosecution while forgetting other messages before and/or after which give more complete context.

Your lawyer can request the remainder of discovery related to the issue and challenge the charges at trial.

Important questions can include:

• What happened immediately before the message?
• What happened afterward?
• Who started the conversation?
• Were messages deleted?
• Did someone edit or crop the screenshot?
• Does the complete conversation change the meaning?
• Are there any other communications that contradict the prosecutor’s interpretation of your messages?
• What Should You Do If Police Ask About Your Online Chats?

Talk to an attorney before you are questioned by investigators about online communication involved in a criminal case.

Do not:

• Delete messages
• Alter screenshots
• Destroy devices
• Create fake explanations
• Ask someone else to delete communications
• Threaten or pressure witnesses
• Contact an alleged victim in violation of a court order

Instead, preserve all relevant information and discuss the issue with your attorney.

How a Vancouver, WA Criminal Defense Attorney Can Help

Your attorney may:

• Review messages and screenshots
• Investigate the source of digital evidence
• Examine authentication issues
• Review search warrants
• Challenge unlawful searches
• Investigate missing or incomplete conversations
• Identify misleading context
• Review digital evidence provided through discovery
• File appropriate motions
• Negotiate with prosecutors
• Prepare your case for trial

The best way to handle your case is unique to that case’s facts.

Why Choose Mcaleer Law?

The firm’s criminal defense practice includes matters involving:

• Assault
• Domestic violence
• Drug crimes
• Fraud
• Theft
• Stalking
• Harassment
• Sex offenses
• White-collar crimes
• Felony charges
• Misdemeanor charges
• Criminal investigations

When digital evidence surfaces in a criminal investigation or case, we review the communications to inform our clients of the potential implications of online activity.

Contact a Criminal Defense Attorney in Vancouver, WA

Yes, online chats can be used as evidence in a criminal case; however, the communication must be relevant, authentic and admissible in criminal court.

Just because online communications exist between you and another individual does not mean that they will be admissible as evidence against you.

A good Criminal Defense Attorney in Vancouver, WA can often challenge the evidence obtained by police in your case and expose online conversations that have been inaccurately portrayed by the police or prosecutor.

Contact us today to discuss your case and learn more about the options available to you.