Text messages obtained by way of a search warrant from a cell phone seized during a search incident to arrest were not admissible. The messages were out-of-court statements offered for the truth of the matter asserted so they were hearsay; the messages were not computer-generated data; and there was no showing either that defendant wrote or ratified any of the messages or that the messages were written while the cell phone was in defendant's possession. Therefore, the messages did not qualify as statements that he made against his penal interest.
Black v. State
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