Legal Question in Military Law in Georgia

Stolen Text Message as evidence

Hello, If your spouse (that you have been separated from for months), takes your phone and you tell them no. They take it, leave the house and go through your text messages and discover on the stolen phone that you have been talking sexually to another individual (the estranged spouse is not on the same phone plan). Can the stolen text messages be used as evidence in any way?????


Asked on 10/24/08, 12:57 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: Stolen Text Message as evidence

Sorry, it's a likely yes answer. So long as your spouse is not acting as an agent of the police it's unlikely you could suppress the evidence at court-martial.

There may be some evidentiary objections to admission of the evidence, it would depend on a number of factors.

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Answered on 10/24/08, 8:06 pm


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