Washington State Supreme Court Affirms Privacy Protections for Text Messages

Last week, the Washington Supreme Court ruled that text messages are protected from warrantless searches from police, just as "phone calls, sealed letters, and other traditional forms of communication" are protected under Washington law. In the case at hand, police seized a suspected heroin trafficker's phone to read incoming texts about transaction locations. Using this data, the police discovered and arrested two other men.

The Washington Supreme Court overturned the convictions based on text evidence and issued a strong rebuke of police action. Courts in Massachusetts, Texas, and New Jersey have made similar rulings. The US Supreme Court is expected to hear arguments on whether police are allowed to search a suspect’s cellphone without a warrant in April.

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