Legal Question in Criminal Law in Wisconsin

Yes. If proper foundation is laid for the introduction of the exhibit and the content is relevant to the proceeding, it may be allowed as evidence.

Text messages can absolutely be used against their authors in court cases under the right circumstances, although their use must conform to complex legal rules of evidence. Everything which is available on any sort of public networks is fair game for law enforcement to use in investigating crime, usually even without a search warrant, when it involves information where a person would not normally expect privacy. Posting text on a site like Facebook, for example, would clearly waive any privacy rights and would not require a warrant. Similarly, the courts have long ruled that the "Pen Logs" of what numbers you have called are not private in this way, meaning that no warrants are required for law enforcement to inspect them. However, the actual content of private phone calls, including voice (and presumably text), traditionally would require a search warrant, even if such warrants are easily obtainable whenever there is probable cause that a crime has been committed. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information.