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Can Snapchat messages be recovered for court?

Can Snapchat messages be recovered for court?

Snapchat is a popular messaging app that advertises itself as a way to send photos and videos that disappear after being viewed. However, in some circumstances, Snapchat messages may be recoverable and able to be used as evidence in court cases. There are a few different ways that Snapchat messages could potentially be retrieved, even after they have supposedly disappeared.

How Snapchat Works

To understand how Snapchat messages could potentially be recovered, it’s important to first understand how the Snapchat app actually functions. When a user sends a Snap, the photo or video is uploaded to Snapchat’s servers. The recipient is able to view the Snap for up to 10 seconds before it disappears from the app.

However, just because the Snap disappears from the app does not mean it is deleted from Snapchat’s servers. Snapchat retains the Snaps for a limited time in most cases. Additionally, the app allows users to replay one Snap per day, implying the content is not immediately deleted.

Saving Snapchat Messages

There are a couple of ways Snapchat users can intentionally save Snapchat messages, which could then be retrievable later on:

Using the Replay Option

Snapchat allows users to replay one Snap per day. So if a user knows they want to save a Snap, they can use their one replay to view it again before it disappears. They could then use another device to take a screenshot or recording of the replayed Snap.

Using Third-Party Apps

There are third-party apps available that can intercept Snapchat messages before they disappear. These apps allow users to save Snapchat messages without the sender knowing. Some examples include:

  • Snapchat Save Pics
  • SnapCrack
  • Snapbox
  • Snapsave

If a user utilizes one of these apps, they may have access to old Snapchat messages that appear to have disappeared.

Recovering “Deleted” Snapchat Messages

In some cases, Snapchat messages may be recoverable even if the recipient did not intentionally save them. There are a couple of ways this could occur:

Forensic Data Recovery

Even after a Snapchat disappears from the app, traces of it may still exist on the user’s device or Snapchat’s servers. Forensic data experts have technology that allows them to search for and extract residual artifacts left behind by apps like Snapchat. If Snapchat is compelled by a court order to provide this forensic data, deleted Snaps could potentially be recovered.

Backups

If the recipient’s device had backups enabled, copies of Snaps may exist in the backup files. For example, if an iPhone user had iCloud backups enabled, the Snaps may have been backed up to iCloud storage. A court could subpoena these backup files.

When Can Snapchat Messages Be Used in Court?

There are certain situations where the contents of Snapchat messages may be legally relevant and admissible as evidence:

Criminal Cases

In criminal cases, Snapchat messages may provide evidence of a crime or other wrongdoing. For example, they could provide evidence of:

  • Drug transactions or other illegal activity
  • Threatening or harassing communication
  • Communication related to committing a crime

If Snapchat messages contain evidence that is relevant to proving or disproving a crime, they can generally be subpoenaed and used in court.

Personal Injury Cases

In civil cases involving car accidents or other personal injury, Snapchat messages may again provide relevant evidence. For example, they could show a defendant was distracted while driving due to Snapchatting. Or they may reveal information about extent of injuries.

Divorce & Child Custody Cases

In family law cases like divorce and child custody disputes, Snapchat messages may be useful in determining issues related to:

  • Infidelity
  • Fitness as a parent
  • Division of assets
  • Verification of statements made by either party

Courts have the right to subpoena any evidence that is relevant to making determinations on the issues involved in the case.

How Law Enforcement Can Access Snapchats

If police or other law enforcement need access to someone’s Snapchat messages for an investigation, there are legal procedures they must follow:

Search Warrant

Law enforcement can get a search warrant authorizing them to search and seize evidence from a suspect’s device and online accounts. This would allow them to forensically recover Snapchat messages from the user’s smartphone as well as request message data from Snapchat.

Subpoena Snapchat

Without a search warrant, law enforcement can subpoena Snapchat and request they provide any information on a particular user’s account and Snap activity. This would typically require notice be provided to the account holder.

Submit Preservation Request

If law enforcement is concerned evidence may be deleted, they can submit a preservation request asking Snapchat to preserve account data for 90 days while they work to obtain a warrant or subpoena.

How Long Do Deleted Snapchats Stay on Servers?

Snapchat states that most Snaps, stories, and chats are automatically deleted from their servers once all recipients have viewed them. However, here are the exact Snapchat retention times to keep in mind:

Unopened Snaps

If a Snap goes unopened, Snapchat retains it for up to 30 days. After 30 days, unopened Snaps are deleted.

Snaps

Opened Snaps appear to be deleted immediately after being viewed. However, data may remain for a short time before being overwritten.

Stories

Stories are stored for 24 hours after posting. Sections of stories that have not been viewed may be retained for up to 24 hours from the time they were posted.

Chats

The contents of chats are automatically deleted once both parties have viewed the messages. However, Snapchat retains chat data for a brief time before deleting.

Account Data

Basic subscriber account data, including info on contacts and other activity, is retained until an account is deactivated.

So while exact retention times are unclear, most content disappears from Snapchat’s servers within a day or two at most. Unopened Snaps have the longest retention time at up to 30 days.

Can Police Retrieve Deleted Snapchat Messages?

It depends on how long ago the Snapchats were sent, and whether recipients saved them through screenshots or other means.

According to Snapchat’s retention policies, most Snaps are deleted automatically within 24 hours of being viewed. So if users delete messages immediately after viewing them, police may not be able to retrieve them from Snapchat’s servers with a subpoena or warrant.

However, if recipients saved the Snaps via screenshots or a third party app, then police may be able to get copies of those saved versions from the user’s device or cloud storage if they have a legal basis.

For very recent Snaps that may not have been overwritten yet on Snapchat’s servers, there is a chance police could recover them with a timely warrant even if recipients did not save them. But the window for law enforcement to obtain deleted messages directly from Snapchat itself is very limited.

Does Deleting a Snapchat Account Erase Messages?

Deleting a Snapchat account does not immediately erase all message history from Snapchat’s servers. According to Snapchat’s data policy:

Account Deactivation

When an account is deactivated, Snapchat says they generally delete the account and associated data within 30 days.

Permanent Deletion

If a user requests permanent account deletion, Snapchat claims to delete the account and data within 90 days.

However, Snapchat warns that certain data may persist if it was:

  • Shared with others
  • Copied to a device or cloud storage
  • Saved via screenshot

So simply deleting an account will not instantly and permanently erase all Snapchat messages. Traces of the data could remain for up to 90 days on their servers. And copies could continue to exist indefinitely if recipients saved messages or if device backups were retained.

Does Snapchat Notify When Police Request Messages?

In most cases, yes, Snapchat notifies users when law enforcement requests their account information or messages. Here are Snapchat’s specific policies on notification:

Search Warrants

For search warrants, Snapchat is typically prohibited from notifying the user due to gag orders. They will provide the requested data without notice.

Subpoenas

For subpoenas, Snapchat’s policy is to notify users before providing any data so they can file a motion to quash if desired.

Emergency Requests

In kidnapping or similar cases where notice could jeopardize safety, Snapchat may provide limited data without notice. But they require the requesting agency justify why notice can’t be given.

Preservation Requests

Snapchat does not notify users of preservation requests since no user data is turned over at that time.

So in most standard cases, Snapchat will notify users when subpoenaed about message data. But in emergency situations or when a search warrant is obtained, law enforcement can access Snapchat messages without the user’s knowledge.

Can Parents See Deleted Snapchat Messages?

For parents who want to see a child’s deleted Snapchat messages, options are limited. Some potential methods include:

Phone Monitoring Apps

Phone spy apps can sometimes take screenshots or recordings of Snapchats before they disappear. This would require installing monitoring software directly onto the child’s phone.

Check Other Devices

If the child uses Snapchat on an iPad or other device, parents may be able to view disappearing message activity by checking that device.

Restore From Backup

If backups are enabled for the child’s phone, such as iCloud backup, it may be possible to restore data from a time when the concerning message was sent and view it.

Subpoena Snapchat

In extreme cases, parents could take legal action to subpoena Snapchat and request any available data about their child’s account and messages.

But overall, the ephemeral nature of Snapchat makes it very difficult for parents to retrieve messages once viewed and deleted. Preventing use of the app altogether is likely the only foolproof option.

Recovering Snapchat Messages From iPhone

For iPhone users specifically, here are a few methods that could potentially recover deleted Snapchat messages:

iCloud Backup

If iCloud backups were enabled, you may be able to restore the phone to a point in time when the message still existed. You can check your iCloud backup history in Settings.

iTunes or Finder Backup

Connect the iPhone to a computer and check for any archived iTunes or Finder backups that contain the lost Snapchat data.

Third-party Tools

Some third-party iOS data recovery software claims to retrieve Snapchats from iPhones even if no backup exists. Examples include iMyFone D-Back and EaseUS MobiSaver.

Jailbreaking

Jailbreaking gives access to the phone’s file system to search for forensic trace evidence of deleted Snapchats. This is an advanced process with some risks.

But the most reliable method is simply making sure iCloud backups are enabled on the iPhone before needed Snaps are viewed and deleted. Otherwise, recovering disappearing Snapchats from iPhones is difficult.

Recovering Snapchat Messages From Android

For Android devices, options to recover deleted Snapchats include:

Google Drive Backup

If the Android device was backing up to Google Drive, Snapchat messages may exist in those archived backups.

Local Backup

Some Android devices have the option to backup locally to a computer. Check for any stored backups that contain Snapchat data.

Rooting

Rooting gives access to an Android device’s file system to search for forensic remnants of deleted Snaps. But this is complex.

Snapchat Recovery Apps

Some apps claim to recover Snapchats on Android by searching the phone’s storage. Options include FoneLab Snapchat Recovery and UltData.

Overall, enabling backups before viewing Snaps is key. Without backups, recovering deleted Snapchats from Android can be very difficult or impossible in most cases.

Conclusion

While Snapchat promotes vanishing messages, the app doesn’t always delete everything right away. Traces of Snaps may still exist on user devices, in backups, and on Snapchat’s servers at least briefly after they are viewed.

With proper legal procedures, law enforcement can subpoena Snapchat for available deleted data in investigations. Parents have limited options to recover kids’ Snapchat activity without their cooperation. And users themselves need backups to reliably retrieve old Snaps.

Overall, while Snapchats are intended to disappear forever, that’s not always technically the case. But recovering deleted Snaps once they expire often proves difficult or impossible without utilizing preservation methods before viewing.