Yes, The Cops Can Text You From Your Drug Dealer's iPhone To Bust You - Forbes
Waylan Choy stashed this in Contractual Woes
The Washington Court of Appeals was not sympathetic, ruling that the messages were private, but because Roden knew that his text messages were being sent to another device where they would be “recorded,” i.e. saved, he had no “reasonable expectation of privacy” once they were sitting in his drug dealer’s text inbox. He has no idea who could potentially read them once they were stored there, says the court. (The court didn’t get into the ethics or legality of a detective posing as the drug dealer.)
It was an ugly ruling, said one judge on the appeals court.
“Following the majority’s analysis, any communication that has a traceable electronic or paper trail will not be protected because consent to disclosure can be implied from the trail,” wrote Judge Marywave Van Deren in a spirited dissent. “This is clearly contrary to the legislature’s intent when it created the Act, which explicitly included protections for telegrams and any device designed to record. The legislature intended to protect private communications regardless of how such communications were transmitted.”
Ugly ruling, but definitely okay with that.