Thursday, April 19, 2007

Text Twist


On August 10, 2006, U.S. District Court judge Ellen Segal Huvelle ruled that text messages taken from the phone of an accused drug dealer could be used as evidence. It seems that Antonio Jones and four of his buddies were arrested in a raid conducted on October 24, 2005 and charged with conspiracy to distribute cocaine and use of a communication facility to traffic in drugs. 213 pounds of cocaine and six and a half pounds of crack were confiscated in the raid. That no weapons were discovered could mean they were really nice, pacifist drug dealers. Me thinks they may have been just ill equipped and in over their heads. Or just really bad project planners.

Seems the Feds also took their time getting ready for this raid. According to court documents, 'On Aug. 10, 2005, and again on Aug. 18, 2005, Magistrate Judge Alan Kay issued search warrants to two electronic communication service providers for stored text messages that had been transmitted over cellular telephones used by Jones and Maynard'. And here's where we get to the crux of issue. Mr. Jones (or more likely his lawyer) claimed that these searches violated the Federal Wiretap Act.

Huvelle's ruling: 'the Wiretap Act does not apply to the government's acquisition of text messages held in storage at electronic communication service providers'. It appears that wireless phone providers actually keep text messages in storage for a period of time. Something that I find highly distressing for personal reasons. Since these were not 'live intercepts' of cell phone calls, but merely data storage entries, they are exempt from the Wiretap Act. Plus it also appears that they had legitimate warrants and could, in fact, tape his cell conversations.

The trouble for Jones was that he and his partner were texting all of their illegal activity planning instead of chatting about it. Understandably, if they could keep these out of the trial they were home free. Too bad, so sad, for Mr. Jones.

I am proud to announce that I have uncovered the actual text messages of the drug dealers.

Below are the never before seen (or read) messages. That's right!! It's the first ever BeachBum exclusive:

WHER3 TEH H3L R U MAN?? WTF I BEEN WAITENG BY TEH F3RN 4 20 MINS

WHOA, BEEN CHATNG WIT SOM3 HOS DOWN BY SALON!111!1!1 SWEET 1 HEAR 2! B RIGHT THARE

MAN SHOW MORA R3SP3CT 4 LADEIS WIL YA

WTF DUDE??

2TALY MESSNG WIT YA!! FUK THAM BITCH3S

LOL!!1 TAHTS THE PLAN

U C DA FOX DOWN BY DA FLOW3R SHOP???!??!!? SCOPE OUT N3XT 2 TAHT TAN VAN!1!!!

!!11!!, SHE GOT SUM MEET ON THAT AS7! LOVIN IT!

MAN TAT VANS B3N THEIR A WHIEL WTF IS WIT DAT?

PROBLY WATCHNG US DUD3

LMAO!! RMINDS ME, HVE ORDER 4 VIALS OF SWE3T STFF!

WHO 4?

DMPSEY! NEED IT BY 6

THT MOFO HAVNT PD 4 LAST RND YET! FCK HIM!

TRUE DAT BUT HE GETIN AL H3RKY AND JARKY NEED IT SO BAD

ROTFL! SCKER IS WAT HE IS! TELL HM $ UP FRNT NOW ON

K! GRT IDEA TEXTNG THIS SHIT!! PIGS WIL N3VER CATCH US THES WAY

TRU DAT. FCKIN COPS IS DOPES! LOLOLOL! I C U NOW.

Today's distraction: Be your own virtual drug dealer. Much harder than I thought.

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