Does the recipient of a text message have a reasonable expectation of privacy in the message stored on the recipient's device?
British Columbia, Canada
The following excerpt is from R. v. Devic, 2018 BCPC 318 (CanLII):
That said, the law is clear that the sender of an electronic communication does not always have a reasonable expectation of privacy in the message stored on a recipient’s device. Rather, the totality of circumstances of the individual case must be considered: Marakah, para. 4; R v. Vickerson, 2018 BCCA 39, para. 54.
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