Q: Is a text message enough proof for vandalism?
I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently discovered she's the one who did it. Is the text message enough proof to take legal action or to prompt more action from the police?
A: The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. State v. Hedgcock, 277 Neb. 805, 765 N.W.2d 469 (2009). In your case, the existence of probable cause will depend upon the other information you provided to the police in addition to the new test message from the purported vandal. The text message - in and of itself - is not likely to establish probable cause as there are a myriad of innocent explanations for the text. However, the broken door, the text message, and the video of the egg incident is likely sufficient to establish probable cause that a crime was committed.
Julie Fowler agrees with this answer
A:
There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.
However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law enforcement to further evidence.
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