how far back can text messages be subpoenaed
The length of time that text messages can be subpoenaed varies depending on several factors, including:
- Cell phone provider’s retention policy: Each cell phone provider has its own policy for retaining text message records. Some providers may keep records for a shorter period, while others may keep them for longer. Typically, providers retain text message records for 1-5 years, but this can vary.
- Type of text message: SMS (Short Message Service) messages, also known as "green texts," are typically stored for a shorter period than MMS (Multimedia Messaging Service) messages, which include multimedia content like images and videos.
- Law enforcement or court order: If law enforcement or a court orders a cell phone provider to preserve text message records, the provider may be required to retain those records for a longer period.
Here are some general guidelines on how far back text messages can be subpoenaed from major cell phone providers:
- AT&T: 5-7 years for SMS messages, 2-5 years for MMS messages
- Verizon: 1-3 years for SMS messages, 2-5 years for MMS messages
- T-Mobile: 2-5 years for SMS messages, 2-5 years for MMS messages
- Sprint: 2-5 years for SMS messages, 2-5 years for MMS messages
- US Cellular: 1-3 years for SMS messages, 2-5 years for MMS messages
Please note that these are general estimates and may vary depending on the specific circumstances of the case. Additionally, even if text messages are no longer available from the cell phone provider, they may still be recoverable from the device itself or from other sources, such as backups or iCloud records.
It’s also worth noting that the Stored Communications Act (SCA) requires cell phone providers to preserve electronic communication records, including text messages, for a minimum of 180 days in response to a preservation request from law enforcement.
