Watch Your Emojis

Almost everyone agrees that communication has become a lost art, but we do not agree on where to place the blame?  Is it the months of social distancing during the COVID-19 pandemic?  If it is because of a social media platform, then which one?  Did Tik Tok make us antisocial, or was it one of its predecessors, such as Instagram, Twitter, or Facebook, or should the geriatric Millennials slinging those accusations take a look in the mirror, minus glamorous filters?  Maybe we have been incapable of communicating clearly since the days of My Space and AOL Instant Messenger.  If you want to be sure of what someone means to say, don’t rely on text message alone, even if the author of the text message is a Chat GPT naïve old fogey, and especially not if the message contains as many emojis as words.  Prosecutors can use emojis in text messages as evidence of crimes or criminal intent, and defendants can cast doubt on these accusations.  If the evidence on which prosecutors are basing their accusations against you depends on emojis that you texted to someone, contact a Tampa drug crime lawyer.

Is a Birthday Cake Emoji Evidence of Criminal Intent?

Using code names for drugs is nothing new.  When you were in high school, you probably got a good laugh out of the fact that your teachers believed you that you were doodling “420” in your notebook, because 4:20 was when school let out.  A generation before you, people would call the houses of their drug buddies and ask if Mary Jane was there, so that anyone else in the room who was listening would not know that they were talking about drugs.

The beauty of text messages is that they are silent.  The trouble is that they are also sometimes wordless, but the law enforcement officers in Polk County who implemented Operation Swipe Left think that they figured it out.  Somehow it came to their attention that local residents were using dating apps to advertise illegal drugs, especially methamphetamine.  They assumed that references to “party” and “Tina” indicated the drug, as did dessert emojis such as ice cream and birthday cakes.

This is not the only time that Florida law enforcement officers have taken emojis as probable cause to arrest people.  A Palm Beach County woman is also facing criminal charges for offering commercial sex.  She placed an ad online offering “friends with benefits,” which everyone old enough to have owned the CD of Alanis Morrisette’s Jagged Little Pill knows is a reference to sex, but it is not necessarily a reference to commercial sex.  When an undercover officer responded to the ad, the woman started texting red rose emojis, which are often a code for commercial sex.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are facing criminal charges based on the prosecution’s far-fetched interpretation of your text messages.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Sources:

cbs12.com/newsletter-daily/woman-arrested-for-4k-friends-with-benefits-offer-at-luxury-palm-beach-hotel-brazilian-court-hotel-florida-palm-beach-hotel-prostitution-crime-florida-woman-april-18-2025

cbsnews.com/miami/news/swipe-left-for-meth-florida-sheriffs-investigation-found-dating-apps-used-to-sell-meth-cocaine-lsd/