Can Texts and Social Media Be Used in a Cocaine Trafficking Case in Florida?

Cocaine trafficking is a serious offense in Florida. If you are accused of this crime, the prosecution is going to collect any evidence it can to build a case against you. In this century, that may include text messages from your phone and posts from your social media accounts. However, in Florida, for such evidence to be considered admissible in court, it must meet specific criteria. Otherwise, you and your legal representative may have legal basis to challenge it.

Why Do Prosecutors Use Texts and Social Media in Cocaine Trafficking Cases?

Texts and social media evidence play a vital role in cocaine trafficking cases. Text messages and social media posts can reveal intent or coordination between parties involved in tracking schemes. For example, mentions of quantities, pricing, or payment methods in text messages can be used to support the prosecution’s claims that the defendant was actively engaged in a trafficking operation. Social media posts showing photos of cocaine or bundles of cash can also be used as evidence of intent to sell or distribute. Even seemingly innocent text messages, such as “the package is on the way”, may be misconstrued as drug-related communication.

Admissibility of Texts and Social Media Posts in Court 

Not all text messages and social media content are admissible in Florida courts. Under the Florida Evidence Code, for such evidence to be admitted in court, the following elements must be proven.

Relevance

First, the text messages and social media content must relate directly to the charge, in this case, cocaine trafficking charge. For example, irrelevant posts, such as you in a club partying, cannot be used to paint you in a bad light.

Authentication

Second, the prosecution must show that the text or social media content came from you. Prosecutors usually do this through phone numbers or usernames linked to the defendant, testimony from people who received the text messages, or metadata showing who the device belonged to.

Lawful Collection

Finally, the text messages and social media posts must have been collected legally. Typically, this means that law enforcement obtained a warrant to search your device or subpoenaed your records directly from your phone provider.

If you are wondering if deleted texts or social media posts can be used against you in a cocaine trafficking case, the answer is, yes. If law enforcement officers seize your phone, they can use forensic tools to recover deleted texts and social media content.

Can You Challenge the Use of Texts and Social Media Posts?

You can challenge the use of texts and social media posts in a cocaine trafficking case. The following are some defense strategies an experienced criminal defense attorney may use;

• Illegal search and seizure: Was your phone searched without a warrant? That could be a violation of your Fourth Amendment rights.
• Context: A skilled attorney can show the broader context of a text message or social media post that was misunderstood.
• Authenticity issues: Can the prosecution prove you weren’t hacked, that the phone was yours, or that you sent the messages? If not, your attorney can file a motion to suppress the evidence.

While text messages and social media can be used in cocaine trafficking cases, it doesn’t mean they’re always admissible or reliable. A skilled defense attorney can help you challenge this type of evidence.

Contact Us for Legal Help

If you’re facing cocaine trafficking charges, contact our experienced Orlando cocaine trafficking lawyer at Joshi Law Firm, PA for legal help.