Can Social Media Posts Be Used as Evidence in Criminal Cases?
Yes. Social media posts can be used as evidence in criminal cases when they are relevant and meet the rules for admission in court. Prosecutors may use posts, photos, videos, messages, comments, or other online activity to help establish facts such as a defendant’s statements, actions, relationships, location, intent, or knowledge. However, social media content is not automatically admissible simply because investigators found it online.
Learning that police or prosecutors are reviewing your social media can be unsettling. A post that seemed harmless when you made it may take on a different meaning when viewed as part of a criminal investigation. Even deleted or older content may become an issue depending on how it was preserved or obtained.
At Briegel Whiteley Moon in Union, Missouri, we represent people facing criminal, traffic, and DWI charges. Our attorneys can review social media evidence, examine how the prosecution obtained and intends to use it, and determine whether there are grounds to challenge its admission or meaning. Reach out today to schedule a consultation.
How Can Social Media Be Used in a Criminal Case?
Social media can contain several types of information that may become relevant to a criminal investigation or prosecution. Depending on the allegations and the contents of the account, prosecutors may seek to use:
Posts and comments: Written statements may be used to support allegations about what you knew, intended, or did.
Photos and videos: Images may show people, property, locations, injuries, or conduct connected with the allegations.
Direct messages: Private communications may become evidence when law enforcement lawfully obtains them or receives them from another participant.
Account information: Information associated with a social media account, including when particular posts or messages were made, may help investigators or prosecutors connect online activity to events relevant to the case.
The significance of this evidence depends on the case. A post that looks damaging by itself may have a different meaning when viewed in its full context.
Does the Prosecution Have to Prove That a Post Is Authentic?
A major issue with social media evidence is authentication. In simple terms, authentication means showing that the evidence is what the party offering it claims it to be.
A profile name or photograph may help authenticate a post, but courts can consider additional evidence connecting the account or content to the person who allegedly created it. This may include testimony about the account, the contents of the communication, or distinctive details that connect the material to its alleged author.
Screenshots can also be admitted when there is sufficient evidence showing that they accurately represent the social media content and connecting that content to its alleged author. Whether the prosecution can establish the necessary foundation depends on the evidence available in the particular case.
Are Social Media Statements Considered Hearsay?
Sometimes, but not every social media statement is excluded as hearsay. Hearsay generally involves an out-of-court statement offered to prove the truth of what the statement says.
Whether a social media statement raises a hearsay issue depends on who made the statement and why it is being offered. For example, prosecutors may seek to introduce statements attributed to the defendant. Other posts or messages may raise hearsay questions depending on their contents and the purpose for which they are offered.
The specific content and purpose of the evidence matter. We can examine why the prosecution seeks to use a post or message and whether an evidentiary objection may apply.
Can Deleted Social Media Posts Still Be Used?
Deleting a post does not necessarily mean that the content is gone. Another person may have taken a screenshot, received a message, saved a photo, or otherwise preserved the material before it was deleted. Investigators may also be able to obtain certain account records through lawful investigative procedures, depending on the circumstances.
If you are under investigation or have already been charged, avoid making changes to your accounts without first discussing the situation with your attorney. Deleting content after learning that it may be relevant to a case can create additional questions about what was removed and why.
You should also be cautious about posting new material about the case. Public comments about the allegations, witnesses, police, or other people involved can create evidence that did not previously exist.
How We Can Challenge Social Media Evidence
The fact that prosecutors have a screenshot, message, photo, or video does not necessarily establish what that evidence proves. As part of our criminal defense representation, we can examine both the admissibility of the evidence and the conclusions the prosecution wants the court or jury to draw from it.
Depending on the circumstances, we may look at issues such as:
Authorship: Is there sufficient evidence connecting you to the account or showing that you actually created the material?
Context: Does the prosecution have the entire conversation or only a selected portion?
Accuracy and completeness: Does the screenshot, video, message, or other material accurately represent the original content, and is important context missing?
Relevance: Does the content actually relate to an issue in the criminal case?
Hearsay: Is the prosecution offering a statement in a way that raises a hearsay issue?
How the evidence was obtained: Did law enforcement obtain the information in a manner that complied with applicable legal requirements?
A post can also be open to more than one interpretation. Even when the court admits social media evidence, we can challenge the prosecution’s interpretation by examining the surrounding facts and other evidence in the case.
Talk to a Missouri Criminal Defense Attorney About Social Media Evidence
Social media posts, messages, photos, and videos can become evidence in a criminal case, but their existence does not automatically establish guilt or make that content admissible. Questions about authorship, context, relevance, and the rules of evidence can affect whether and how the prosecution may use online content.
At Briegel Whiteley Moon in Union, Missouri, our criminal defense attorneys represent clients throughout Franklin County, Crawford County, Phelps County, Gasconade County, St. Louis County, and Osage County in criminal, traffic, and DWI matters. We can review the social media evidence involved in your case, identify possible challenges, and defend you against the charges you face. Contact us now to discuss your case.
