It’s bad enough when you get busted for something like cheating on your girlfriend or boyfriend because of what you or a friend posted online. But social media can get you in serious legal trouble as well.
It took a few years for law enforcement to catch on, but today, nearly all police departments use social media to solve crime. From snooping on suspects to helping owners identify stolen property on Facebook and Pinterest, social media helps the police in many ways.
Anything you say—and post—can be used against you…
It’s more common than you might think—someone commits a crime and can’t resist bragging about it online. People have been caught after posting about crimes they thought they had gotten away with, or they even posted pictures or videos while committing the crime. Don’t be fooled—it might be called virtual reality, but it can still be used against you in real life.
In 2015, a Florida woman uploaded seven “Drunk Girl Driving” videos on the Periscope app. When other users saw the videos, they called 911 and helped dispatchers locate the driver—fortunately, before anyone got hurt. The woman refused a breathalyzer, but she failed a field sobriety test, and she was arrested for drunk driving.
In 2013, an Oregon teenager admitted on Facebook that he had been driving drunk on New Year’s Eve and had hit a car. A few of his 655 “friends” saw the post and called the police on New Year’s Day. When the police got to his house, he had several hours to sleep it off, so there was no way to prove that he had actually been drunk at the time. However, they could tell from the damage to his car that he was responsible, and he was still arrested and charged for the hit and run.
Details, details
It isn’t just the obvious things that can get you in trouble. Sometimes police can find enough evidence, based on the little things, to justify getting a search warrant. And if they are tracking one suspect’s social media already, they will be looking closely their friends as well. Police have used Facebook to track gang members and gang activity, and they can collect a lot of information from seemingly innocent posts.
Privacy settings and cyber snitches
No matter what you do and what you post online, you should always be aware of what your security settings are, and who can see what you post. If your privacy settings are set so that everything that you post is public, you could be handing the police evidence that they can use against you. If your information is public and you use an app to check in someplace, don’t be surprised when the police show up with a warrant for your arrest! One robbery suspect used Facebook to check in to a strip club, not realizing that an officer was monitoring his account, which was completely public. All the police had to do was wait for him to walk out again.
Even if your privacy settings are set so that only friends can see your posts, police get a lot of information from suspects’ “friends.” And just like in the real world, police ask informants to make friends with suspects in order to exchange information for a lighter sentence. It’s also perfectly legal for law enforcement agents to pose as someone else to get information, even without a warrant.
OMG Srsly?
The laws about cell phone privacy and whether police need warrants to access information is complex and constantly changing, but don’t forget that your phone records and texts may also be used as evidence against you.
Believe it or not, emojis have even been used as evidence in court. In 2014, a man was injured in a Pittsburg robbery. Police began to suspect that he wasn’t just a victim, he was actually responsible for the death of two other men. Prosecutors used several texts with emojis of a gun and an explosion as evidence that he had planned to use violence during the robbery.
Anyone who goes online needs to be smart about what they post and who can see their information. If you are currently under investigation for a crime in Southern California, the smartest thing you can do is to contact a great criminal law attorney, ASAP! Dan E. Chambers has over 20 years of experience, and he can help you make your best defense. Call 714-760-4088 or email dchambers@clfca.com today to schedule your free initial consultation.
