Summary
Yes. Text messages can be used as evidence in a Colorado criminal case. A screenshot, phone extraction, or message record is not automatically admitted simply because it exists. The party offering the messages generally must show that the evidence is relevant, properly authenticated, and otherwise admissible under the Colorado Rules of Evidence.
Text-message evidence can affect both the prosecution and the defense. A short exchange may appear damaging when viewed by itself, while the complete thread may reveal missing context, another possible sender, a different timeline, or a meaning that is less clear than the screenshot suggests. Sender identity, timestamps, surrounding events, deleted messages, device access, and the way police obtained the evidence can all matter.
If text messages are part of a Colorado criminal investigation, preserve the original device and the complete conversation. Do not delete, alter, fabricate, crop, or selectively edit messages that may be relevant to a case.
Why Text Messages Can Matter in a Colorado Criminal Case
Text messages appear in many criminal investigations because they can document what people said, when they communicated, and how a conversation developed.
Prosecutors may use messages to argue that a person:
- Made a threat
• Admitted conduct
• Arranged a meeting
• Discussed money or property
• Described an event
• Showed knowledge of facts tied to an alleged crime
• Continued contact after being told to stop
• Communicated in violation of a court order
The same message history may support the defense. A complete thread can show that a statement was sarcastic, conditional, misunderstood, or taken out of context. Messages may also identify another person who had access to the phone, support an alibi, establish a timeline, or conflict with a later witness statement.
A single line rarely tells the full story.
How Colorado Courts Authenticate Text Messages
Before text messages are admitted, the party offering them generally must provide enough evidence to support a finding that the messages are what that party claims they are. Colorado Rule of Evidence 901 governs authentication.
The Colorado Court of Appeals addressed text-message authentication in People v. Heisler. The court explained that authentication involves showing that reproduced messages accurately reflect the communications and connecting the messages to the claimed sender.
Evidence that may support sender identity can include:
- A phone number associated with the claimed sender
• Message content that is recognizable as coming from that person
• Responses that fit an ongoing exchange
• Other circumstances that corroborate who sent the messages
A saved contact name at the top of a screenshot may be relevant, but it does not resolve every authentication question. A defense attorney may examine who created the contact, who had possession of the phone, whether another person knew the passcode, whether an account was shared, and whether the content reliably points to a particular sender.
Colorado courts describe authentication as a threshold requirement with a relatively low burden. Meeting that threshold does not mean that every dispute about the messages disappears. Questions about completeness, context, editing, or what the messages actually prove can still affect how the evidence is evaluated.
Just like anything else, practice leads to proficiency. With over 35 years of combined experience, we've gathered extensive knowledge inside and outside the courtroom.
Can Screenshots of Text Messages Be Used as Evidence?
Yes. Screenshots may be admitted when the required foundation is established.
Screenshots can still create evidentiary and practical questions because they may leave out:
- Nearby messages
• Timestamps
• Phone numbers
• Account information
• Attachments
• Reactions
• Earlier or later parts of the conversation
Cropping may remove context that changes how an exchange is understood. A screenshot may also show what appeared on a screen without proving who typed the message.
A defense review may compare screenshots with the original phone, a complete message thread, forensic extraction data, account records, or other evidence. If there is a specific reason to believe a screenshot was altered or does not accurately reflect the original communication, that issue may deserve separate investigation.
Does the Full Conversation Matter?
Often, yes.
Imagine that police receive a screenshot showing a person writing, “I will take care of it tonight.” Standing alone, that sentence may sound suspicious. The complete conversation could show that the people were discussing returning property, paying a bill, finishing a work task, or handling something unrelated to the accusation.
The defense may compare the screenshot with:
- The complete thread
• Device data
• Call records
• Photographs
• Location information
• Witness statements
• Police reports
• Other digital communications
If part of the conversation is missing, the missing material can affect how a judge or jury understands what remains.
In Heisler, the Colorado Court of Appeals held that the deletion of the recipient's responses did not automatically defeat authentication of the messages that were offered. Under the facts of that case, the court treated the deleted responses as an issue affecting the weight of the evidence rather than the authenticity of the admitted messages.
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Are Text Messages Hearsay?
Sometimes. The answer depends on who made the statement and why the message is being offered.
Hearsay generally involves an out-of-court statement offered to prove the truth of what the statement asserts. Some text messages may fall within a hearsay exclusion or exception, while other messages may be offered for a purpose that does not depend on the truth of the words.
For example, a message may be offered to show:
- That words were communicated
• Notice or knowledge
• The effect of the message on the recipient
• Context for another statement
• The sequence of events
A defendant's own statement can also be treated differently depending on who offers it. Under Colorado Rule of Evidence 801(d)(2), a statement offered against an opposing party may qualify as a statement of a party opponent and may not be treated as hearsay under that rule.
A message can be authentic and still face a hearsay, relevance, constitutional, or other evidentiary objection.
Can Police Search Your Phone for Text Messages?
Police may obtain text evidence from several sources. Another participant in the conversation may voluntarily show investigators messages or screenshots. Investigators may also seek a warrant for a phone, account, backup, or other source of digital evidence.
The United States Supreme Court held in Riley v. California that police generally may not search digital information on a cell phone seized from an arrested person without a warrant, although recognized exceptions to the warrant requirement can apply.
When police search a phone, a defense attorney may examine:
- Whether officers had a valid warrant
• Whether the warrant was supported by probable cause
• What data the warrant authorized officers to search
• Whether the search stayed within the lawful scope
• Whether valid consent was given
• Whether an exception to the warrant requirement applied
• Whether unlawfully obtained evidence may be subject to suppression
For related information about searches and warrants, see:
https://www.hebetsmccallin.com/fourth-amendment-searches-do-you-have-a-warrant/
https://www.hebetsmccallin.com/searches-and-seizures-where-do-your-rights-end/
Can Deleted Text Messages Be Recovered?
Sometimes.
Deleting a message from the visible conversation does not necessarily erase every copy or every related data artifact. A copy may still exist on another participant's device, a synced device, a backup, or another source. In some circumstances, forensic examination may also recover deleted data that has not been overwritten.
If messages may be relevant to a criminal investigation:
- Do not delete them
• Do not alter them
• Do not fabricate replacement messages
• Do not selectively edit screenshots
• Do not ask another person to delete evidence
• Preserve the original device when possible
• Save the complete conversation rather than isolated portions
Preserving the original material gives your attorney a better opportunity to evaluate context, authenticity, timing, and any forensic issues.
Text Messages in Domestic Violence, Harassment, Stalking, and Court-Order Cases
Text messages are common in cases involving allegations of domestic violence, harassment, stalking, threats, and violations of protection orders or bond conditions.
Messages may be used to address:
- Repeated contact
• The nature of a relationship
• The timing of an alleged incident
• Statements made before or after an event
• Requests to stop communication
• Threats or alleged threats
• Compliance with a no-contact order
A longer thread may also show mutual communication, conflicting accounts, attempts to end contact, or statements that bear on witness credibility.
For related Colorado information, see:
https://www.hebetsmccallin.com/falsely-accused-of-domestic-violence/
If a protection order or bond condition prohibits contact, do not assume that a reply is permitted because the other person contacted you first. Follow the written court order unless a court changes it.
Text Messages in Internet and Online Communication Cases
Text messages are not the only digital communications that may become evidence. Social media messages, direct messages, application chats, email, and other electronic communications can raise similar questions about authorship, context, timing, and admissibility.
For related information about how online messages may become evidence in a Colorado criminal case, see:
https://www.hebetsmccallin.com/internet-luring-in-colorado-how-messages-become-evidence/
What Should You Do if Police Ask About Your Messages?
You do not need to rush into an explanation because an officer says police already have your texts.
A partial screenshot, an incomplete thread, or a misunderstood exchange may create more questions than it answers. Giving a quick explanation without seeing the evidence can also create new statements that prosecutors may later compare with the digital record.
If police are asking about your messages:
- Preserve the phone and the complete conversation
• Avoid deleting or changing material
• Avoid sending new messages about the allegation
• Do not guess about messages that you do not clearly remember
• Consider speaking with a criminal defense attorney before agreeing to an interview or consent search
For more information about police questioning and the right to remain silent, see:
https://www.hebetsmccallin.com/you-have-the-right-to-remain-silent-5-myths-about-miranda-rights/
How a Criminal Defense Lawyer Reviews Text-Message Evidence
A defense review should go beyond the most damaging screenshot.
A criminal defense lawyer may compare messages with:
- Police reports
• Body-camera footage
• Witness accounts
• Call logs
• Phone records
• Location data
• Photographs
• Application records
• Search-warrant materials
• The prosecution's timeline
Questions may include:
- Who actually sent each message?
• Is the conversation complete?
• Were messages deleted, cropped, or edited?
• Do the timestamps match the alleged event?
• Did another person have access to the device or account?
• How did police obtain the messages?
• Does the prosecution have original data, a forensic extraction, or only screenshots?
• Do other records support or contradict the claimed meaning of the messages?
• Does a hearsay rule or other evidentiary rule affect admissibility?
• Did the search of the phone or account comply with constitutional requirements?
The answers may affect motions, negotiations, trial preparation, and the way digital evidence is presented to a judge or jury.
Talk With a Colorado Criminal Defense Attorney About Text-Message Evidence
Text messages can become significant evidence, but they do not speak for themselves. Authentication, context, sender identity, hearsay rules, search issues, and the rest of the evidence can all affect how a message is used.
Hebets & McCallin P.C. represents people facing criminal charges in Denver and throughout Colorado. The firm's attorneys are former prosecutors with more than 35 years of combined experience handling criminal matters.
If text messages, screenshots, deleted chats, social media messages, or phone data are part of your case, contact Hebets & McCallin P.C. to discuss the evidence and the legal issues that may apply.
https://www.hebetsmccallin.com/denver-criminal-defense-attorneys/
Call (303) 854-6006
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This article is for informational purposes only and is not legal advice. Speak with an attorney about the facts of your specific situation.
Legal Sources Referenced
People v. Heisler, 2017 COA 58:
https://law.justia.com/cases/colorado/court-of-appeals/2017/16ca0104.html
Riley v. California, 573 U.S. 373 (2014):
https://supreme.justia.com/cases/federal/us/573/373/
NIST Guidelines on Mobile Device Forensics:
https://www.nist.gov/publications/guidelines-mobile-device-forensics
