Many people believe their messages are private, especially if they use encrypted apps or “disappearing” messages.

The truth is more complicated.

Federal investigators can — and frequently do — obtain text messages and DMs sent by people involved in federal cases. In fact, federal investigators obtain text messages and DMs in around 90% of cases that involve digital evidence.

We’ll walk through how federal investigators access this info, what you can do to protect yourself, and what you should do if you’re concerned that the federal government might already have access to incriminating messages

How do federal investigators get access to text messages and DMs?

Federal investigators have several pathways to access digital messages. Most people assume encryption is the only thing that matters, but in real cases, the methods below are far more common.

1. Cloud Backups

Most phones and messaging apps back up to the cloud by default. If messages are backed up to iCloud or Google Drive, the government can obtain them with a warrant.

For example, someone with an iPhone who uses iMessage may think their texts are protected. If iCloud backup is turned on, entire chat histories, photos, and attachments may be stored on Apple servers. Apple can provide those to law enforcement when served with a warrant.

2. Device Seizure

If investigators obtain your device, they can often extract the contents. They use forensic tools that can pull messages, including deleted ones, from a phone or computer.

This does not require breaking encryption. If the device is unlocked, or if they can legally compel access, the stored data becomes readable.

3. Cooperating Witnesses

This is the most common method in multi-person conversations. If anyone involved gives agents access to their phone or account, the entire conversation can be obtained. One person can provide screenshots, downloaded messages, or a device for forensic review.

You may trust your own privacy habits. You cannot control someone else’s.

4. Metadata and Records

Even without seeing the content of messages, investigators can access:

• Who you talked to
• When you talked
• How often
• Account information
• IP addresses
• Location information

This can show patterns, timelines, and connections to help them advance their investigations.

Metadata alone has supported many investigations because it can establish who communicated, when, and how frequently. That can be enough to show coordination or relationships that matter to a case.

What usually requires a warrant?

Warrants are required for most text message and DM content.

When federal investigators obtain a warrant, they can usually access:

• Text message content
• DMs and chat logs
• Cloud backups
• Email contents
• Files stored in cloud accounts
• Data from a seized device

Without a warrant, they are limited to:

• Basic account information
• Subscriber details
• IP logs
• Some metadata

This might make you feel like your data is relatively secure, but warrants to search devices can be easy to secure in federal investigations.

How federal investigators obtain warrants

Federal investigators obtain warrants through written affidavits submitted to magistrate judges. These affidavits must establish probable cause, which are facts showing a fair probability that evidence of specific crimes exists in the place to be searched.

The affidavit process: Investigators compile evidence from their investigation. Call detail records showing communication patterns. Cooperating witness statements. Surveillance observations. Financial records. Previous search results. This evidence goes into a sworn affidavit explaining what crimes occurred, what evidence likely exists, where that evidence is located, why investigators believe it’s there.

Magistrate judges review affidavits for probable cause and particularity. Probable cause requires more than suspicion but less than proof beyond reasonable doubt, and particularity requires specific description of what’s being searched and what’s being seized.

In other words, “All data on John Smith’s iPhone” fails particularity. “Text messages, emails, and photos on John Smith’s iPhone relating to cocaine distribution between January-March 2024” satisfies particularity.

What does encryption actually protect?

Encryption protects messages while they are traveling between devices. It does not protect what is stored on a device or in a backup.

Here is a breakdown of well known apps:

• Signal – Strong protection, but if a phone is seized and unlocked, messages can be accessed.
• WhatsApp – Encryption works only if backups are turned off. If backed up, messages can be retrieved.
• iMessage – Protected in transit. If backed up to iCloud, the backup can be accessed.
• Telegram – Many chats are not end-to-end encrypted. Only “Secret Chats” have stronger protection.
• Instagram, Facebook Messenger, Snapchat – The platforms can provide content when served with a warrant.

Encryption helps against hackers or unauthorized access. It does not guarantee protection from lawful government requests, backups, or someone in the conversation sharing the messages.

What about deleted and disappearing messages?

Deleting messages is not a reliable way to remove them. There are three things to understand.

Deleted texts or DMs often remain in device storage until overwritten. Forensic tools can recover deleted content from phones and computers.

Disappearing messages remove content from your screen, not from the person who received them. They do not prevent screenshots. They do not remove messages that were backed up before disappearing.

Most importantly, deleting messages after you think you may be under investigation can cause serious problems.

Destroying potential evidence after knowing about an investigation can lead to separate charges for obstruction. Do not delete or try to “clean up” anything if you are worried.

Here are the two sections rewritten in sentence case with the hairline removed:

What to do if you think you might be under federal investigation

Retain experienced federal criminal defense counsel before any other action. This is critical.

Federal cases demand specialized expertise in digital evidence, constitutional law, and federal procedure. General practice attorneys lack the technical knowledge these cases require.

Do not speak with federal agents without your attorney present. Anything you say will be used against you. Lying to federal agents is a separate felony charge even if you’re never charged with the underlying offense being investigated.

Do not delete anything. Deletion after learning of investigation constitutes obstruction of justice, which is a separate felony with severe sentencing consequences. Preserve all devices, messages, and documents.

Do not contact co-conspirators or potential witnesses. Communications may be monitored. Contact creates witness tampering charges.

Change nothing about your devices. No factory resets, no software updates, no actions that might overwrite data or appear to be evidence destruction.

For ongoing protection

Use Signal exclusively with disappearing messages enabled. Disable all cloud backups for messaging applications. Use strong alphanumeric passwords, not simple numeric PINs.

Understand that true security requires in-person conversations in private settings without electronic devices. Group chats multiply risk with each participant. Forwarding and screenshots create uncontrolled copies. Cooperating witnesses are inevitable in multi-defendant cases.

These precautions aren’t foolproof. Signal messages can be recovered from seized devices. Cooperating co-defendants provide complete message histories. Forensic tools evolve to bypass device security.

Facing federal charges involving digital evidence?

Digital evidence cases require specialized federal criminal defense. Constitutional violations in device searches, warrant defects, authentication challenges, and forensic tool limitations all create defense opportunities, but only when identified and aggressively litigated by counsel with technical expertise.

Helfend Law Group provides sophisticated federal criminal defense with deep knowledge of digital evidence issues, Fourth Amendment litigation, and modern communications privacy. We retain top forensic experts, file aggressive suppression motions, and challenge every aspect of digital evidence prosecution.

If you’re facing federal investigation or charges involving text messages, emails, or digital communications, contact us for immediate consultation.

Published October 24, 2025.