Use Of Digital Evidence In Texas Criminal Trials

Use Of Digital Evidence In Texas Criminal Trials

Digital evidence plays an important role in Texas criminal trials. It has become vital to law enforcement, with 66% of agency managers considering digital evidence more important than DNA.The use of electronic data, including surveillance footage, cell phone records, social media activity, GPS tracking, and forensic computer analysis, has become standard in criminal proceedings. While digital evidence can strengthen a prosecution’s case, it also presents opportunities for criminal defense attorneys to challenge its reliability and admissibility.

In Texas, the Texas Code of Criminal Procedure and Texas Rules of Evidence provide guidance on the use of digital evidence in criminal trials. Prosecutors must establish that digital evidence is authentic, properly obtained, and relevant to the case. Our criminal defense attorneys can contest digital evidence based on issues such as chain of custody, improper collection methods, and lack of credibility. Challenging digital evidence in your case is crucial in building a strong defense.

Types Of Digital Evidence Used In Texas Criminal Trials

1. Surveillance Footage

Video recordings from traffic cameras, dashcams, security cameras, and body cameras can be introduced as evidence in many types of criminal cases. Video footage is not always definitive proof of the alleged wrongdoing, however. Defense strategies can be vast when it comes to challenging this type of evidence, but to name a few, the defense can question the footage’s clarity, timestamp accuracy, and the angle at which it was recorded.

2. Cell Phone Records And GPS Data

Cell phone data can be used to establish a suspect’s location and movements. Texas courts have ruled that obtaining cell phone records without a warrant may violate the Fourth Amendment. Under Texas Code of Criminal Procedure Article 18.0215, law enforcement must obtain a warrant to access certain digital data, making it a critical area for defense challenges.

3. Social Media Activity

Prosecutors frequently use social media posts, messages, and check-ins to demonstrate intent or behavior patterns. For example, posts that reference alcohol consumption before an alleged DWI incident may be used as evidence. The reliability of social media content can be questioned since social media posts can be taken out of context or manipulated.

4. Breathalyzer And Blood Test Data

Digital records from breathalyzers and blood test machines are often presented as key evidence in Texas DWI cases. Our criminal defense attorneys can review, analyze, and potentially challenge the calibration and maintenance records of these machines under Texas Transportation Code §543.001, which outlines proper procedures for alcohol testing devices.

5. Dashcam And Body Camera Footage

Law enforcement officers frequently wear body cameras or have dashcams in their vehicles. These recordings can be used to show how a traffic stop and arrest were conducted. If an officer fails to follow proper procedures, the footage can be used in the defense’s favor to argue for suppression of evidence or dismissal of charges.

Legal Challenges To Digital Evidence In Texas Criminal Cases

1. Authentication And Chain Of Custody

Under Texas Rules of Evidence Rule 901, digital evidence must be properly authenticated before it is admissible in court. This means proving that the evidence is what it purports to be and has not been tampered with. Defense attorneys can challenge gaps in the chain of custody or improper handling of evidence.

2. Fourth Amendment Violations

The U.S. Constitution protects against unlawful searches and seizures. If law enforcement obtains digital evidence without a warrant when one is required, the evidence may be inadmissible under the exclusionary rule. Texas courts frequently rule on whether digital evidence collection methods comply with constitutional protections.

3. Reliability And Accuracy Of Digital Data

Many forms of digital evidence, such as GPS tracking and breathalyzer test results, rely on technology that must be properly maintained and calibrated. Defense attorneys can request maintenance logs, software update records, and expert witness testimony to contest the reliability of digital evidence.

4. Hearsay And Admissibility Concerns

Digital communications, such as text messages and emails, may be considered hearsay under Texas Rules of Evidence Rule 801. Prosecutors must prove that such messages are exceptions to hearsay rules, and defense attorneys can challenge their admissibility based on lack of foundation or reliability.

How Digital Evidence Impacts Texas DWI Trials

1. Challenging The Accuracy Of Digital Data

DWI cases often rely on dashcam footage, breathalyzer data, and field sobriety test recordings. Defense attorneys can argue that video footage does not conclusively show impairment and that breath test machines may have produced false positives due to improper calibration.

2. Cross-Examining The Chain Of Custody

Digital evidence must be properly stored and handled to prevent corruption or tampering. If law enforcement officers fail to maintain a clear chain of custody, defense attorneys can argue for the exclusion of the evidence collected with procedural errors.

3. Utilizing Digital Evidence To Support The Defense

In some cases, digital evidence can actually support the defense. GPS tracking data may show that a suspect was not at the scene of a crime, or dashcam footage may reveal that field sobriety tests were conducted improperly. Using digital evidence strategically can be crucial in securing favorable case outcomes.

Search Warrant Frequently Asked Questions

Can Law Enforcement Search My Phone Without A Warrant In Texas?

Under Texas Code of Criminal Procedure Article 18.0215, law enforcement must obtain a warrant before accessing the contents of a cell phone unless the owner consents or exigent circumstances exist. Exigent circumstances typically involve situations where there is an immediate threat to public safety or the risk of evidence being destroyed. If a search is conducted without proper authorization, criminal defense attorneys can file a motion to suppress the evidence. Courts may rule that any unlawfully obtained digital evidence is inadmissible, significantly weakening the prosecution’s case.

How Can Digital Evidence Be Challenged In A DWI Case?

Defense attorneys can challenge digital evidence in multiple ways, including questioning its authenticity, chain of custody, and reliability. Common challenges include:

• Breathalyzer Calibration Records – Defense attorneys can argue that breathalyzer results are unreliable if the device was improperly calibrated, maintained, or used by an unqualified officer.
• Body Camera Footage – Video evidence from law enforcement body cams may be incomplete, edited, or missing crucial moments that could support the defense.
• Cell Phone Data – Data used to track a suspect’s location or actions can be inaccurate due to GPS errors, signal interference, or misinterpretation.

If the defense can demonstrate that digital evidence is inaccurate, tampered with, or lacks proper authentication, the judge may exclude it from trial.

Are Social Media Posts Admissible As Evidence In Texas Criminal Trials?

They can be, yes. Prosecutors frequently use social media posts, messages, and photos to establish intent, prior conduct, or contradictions in a defendant’s statement. However, defense attorneys can challenge such evidence by arguing that:

• There is no proof that the defendant was the person who actually made the post/sent the message, even though it came from their account;
• The post is misleading or taken out of context.
• The evidence has been manipulated or edited.
• The chain of custody is incomplete, challenging the ability to verify the authenticity of the information.

Without clear authentication, courts may rule social media evidence as unreliable and/or inadmissible.

What Happens If Digital Evidence Is Improperly Handled?

If digital evidence is lost, altered, or improperly stored, defense attorneys can argue that it has been compromised and should be excluded from trial. This is particularly relevant when:

• The chain of custody is broken, meaning law enforcement cannot prove the evidence remained untampered.
• The evidence was stored improperly, such as leaving a digital file vulnerable to corruption.
• The evidence was deleted or manipulated after collection.

When digital evidence is mishandled, defense attorneys may file a motion to suppress, preventing the prosecution from using it against the defendant.

Is Video Footage Always Reliable In A DWI Case?

Not necessarily. Video footage may appear compelling, but it can lack key context or be misleading due to:

• Poor lighting or angles – This makes it difficult to determine a driver’s actual intoxication or lack thereof.
• Lack of audio – Preventing a full understanding of the interaction.
• Camera malfunctions or gaps – Missing crucial moments in the arrest.

Defense attorneys can sometimes use forensic video analysis to challenge video evidence and highlight inconsistencies.

How Do Courts Determine If Digital Evidence Is Admissible?

Texas courts assess whether digital evidence is:

• Relevant – Does it directly relate to the case?
• Authenticated – Can its accuracy and source be verified?
• Obtained Legally – Was a warrant used if required?
• Free from Hearsay Issues – Can its accuracy be independently verified?

If the prosecution cannot meet these standards, the defense can argue for the exclusion of the evidence.

Can Text Messages Be Used Against Me In A Texas Criminal Case?

Yes, text messages can serve as evidence in certain scenarios. However, defense attorneys can challenge text messages by arguing:

• The messages were sent by someone else using the defendant’s phone.
• The messages lack proper authentication (e.g., screenshots can be altered).
• The prosecution cannot establish context, raising the issue of optional completeness (e.g., missing prior or follow-up messages).

If messages are not properly authenticated, courts may deem them as inadmissible.

Can Law Enforcement Use Deleted Digital Evidence?

Yes, forensic specialists can recover deleted text messages, emails, or browsing history from phones and computers. However, the defense can challenge such evidence by questioning:

• The accuracy of data recovery methods.
• Whether the evidence was obtained legally under Texas Code of Criminal Procedure Article 18.0215 and the Fourth Amendment of the U.S. Constitution.
• If the evidence was altered or incomplete.

If law enforcement retrieves deleted data without a warrant, the defense can argue that it violates Fourth Amendment rights and thus should be excluded from trial.

How Can Metadata Impact A DWI Case?

Metadata, or hidden digital information attached to files, can confirm whether evidence is authentic or has been tampered with. Defense attorneys may use metadata to:

• Verify the original timestamps of videos, photos, or messages.
• Detect modifications to evidence after collection.
• Challenge edited or cropped footage that excludes exonerating details.

Metadata can expose flaws in the prosecution’s evidence, leading to case dismissals or reduced charges.

Can Smart Home Devices Provide Digital Evidence?

Yes, smart home devices such as Alexa, Google Home, or Ring doorbell cameras may contain voice recordings, activity logs, or video footage used in criminal cases. These devices can:

• Confirm whether someone was home at the time of the alleged crime.
• Capture audio or video supporting the defense’s claims.
• Challenge law enforcement’s version of events.

If such data is improperly obtained by law enforcement, defense attorneys can file motions to suppress the evidence.

Can Digital Witness Testimonies Be Challenged?

Yes, digital witness testimonies can be cross-examined and disputed based on:

• Credibility – Whether the witness has biases or incentives.
• Authentication – Whether messages or videos are manipulated.
• Context – Ensuring all relevant details are included.

Courts consider digital witness statements alongside other evidence, so attorneys must ensure they meet strict legal standards.

Call Mark Diaz & Associates For A Free Consultation

At Mark Diaz & Associates, we understand the importance of challenging digital evidence in DWI and all other criminal cases. We examine every piece of evidence to ensure that it is legally obtained and properly handled. If digital evidence is used against you, we will fight to exclude unreliable or unlawful evidence and work toward the best possible outcome.

Contact Mark Diaz & Associates at 409-515-6170 to receive a free consultation with an experienced Galveston criminal defense lawyer.