When and How the State of Florida Can Use Your Social Media Against You
Today, it’s not unusual to find folks who have social media accounts. Nearly everyone leaves a trail of digital breadcrumbs for law enforcement. This information can tell a much different story than we might realize. Law enforcement is well aware of this. In Florida (and across the country), prosecutors are increasingly relying on social media evidence to build their cases. Understanding when and how the government can access your social media accounts has become a crucial part of modern criminal defense. In this article, the Tallahassee criminal defense lawyers at Luke Newman, P.A., will discuss social media and how it can be weaponized against you if you’re facing charges.
How do police get your social media data?
Here, we need to make a distinction between public and private information. Anything you post on social media, including tweets and Facebook posts, can generally be collected without a warrant. Generally speaking, you have no reasonable expectation of privacy for information that you share openly. When it comes to private messages, closed groups, or deleted posts, then the rules change.
To access data that you do have a reasonable expectation of privacy for, police must usually obtain a search warrant or subpoena under the federal Stored Communications Act (18 U.S.C. § 2703). A warrant can compel a platform like Facebook to turn over your user data. The process requires law enforcement to have probable cause for a warrant.
What investigators can see
Once law enforcement has access to your social media, the scope of information that they can recover is startlingly broad. Law enforcement can recover:
- Direct and private messages
- Photos, videos, and posts (even deleted ones stored on company servers)
- IP addresses and login locations
- Contact lists and tagged associates
- Metadata showing timestamps and edits
Law enforcement can also see your emojis, likes, and comments. These can all become exhibits in court. Prosecutors frequently use this information to argue motive, intent, or consciousness of guilt. Joking about violence could be spun against you as evidence of premeditation.
Defending against overreach
Your defense lawyer’s job is to examine the warrant or subpoena itself. Was it properly issued by the judge? Was it too broad? Did law enforcement access private data without the proper authorization? If so, then the evidence could be thrown out under the Fourth Amendment and excluded from trial.
Defense lawyers can also determine how the data was obtained and handled. Chain-of-custody issues, misinterpretation of slang or context, or relying on incomplete data can all undermine the reliability of social media evidence. Expert witnesses in digital forensics can help undermine the prosecution’s interpretation of events.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who have been charged with serious crimes. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
