The Dangers of Social Media as Proof in Criminal Cases

Here at the Law Office of Perry Craft, PLLC, we’re celebrating a recent victory in court defending an innocent man against felony charges of stalking. One of the more interesting things about the case, however, is that the prosecution chose to use a social media account – Facebook, to be exact – as its “proof” of stalking.

Because social media and online experiences color so much of what we do (and possible who we are), and because we are rarely vigilant as to what we write about ourselves online, using social media in routine in litigation. In other words, attorneys are using evidence based off of Facebook, Twitter and Reddit as evidence of guilt or innocence or wrongdoing, and courts are allowing this evidence to be used. Next Generation e-Discovery Law & Tech Blog cites a survey where 689 cases between 2010 and 2011 used social media as part of their evidence: this includes State vs. Smith right here in Tennessee.

Avoiding trouble online

The best piece of advice anyone – a lawyer, an employer, a parent – is to be extra careful in putting your information online. Even the most innocent-seeming post can come back to haunt you later. Just remember these tips and you can avoid most trouble:

1. Nothing online goes away. Once it’s out there on the internet, it’s out there for good. Avoid posting pictures that may be perceived as indecent, don’t make inflammatory comments even in jest, and don’t put ANY personal information on sites where it could be sold to other companies.

2. Use your privacy settings. We know that Facebook isn’t going anywhere – heck, we have a Facebook count ourselves – but make sure that you only allow access to people you trust. This could help you avoid being on the prosecution side of your own lawsuit one day.

3. Don’t engage in hate speech. If you wouldn’t say it in public to a person’s face, don’t say it on the internet. Period.

4. Monitor your own activity. The case we referenced earlier make a case for stalking based on Facebook activity. Make sure you look at what you post, how often you post, and whether or not your comments could be construed by someone else as dangerous. When it doubt, leave it out.

5. Change your passwords often. This is just common sense. Identity thieves are everywhere; avoid be a victim by making sure that your passwords are secure. Changing them every few months can help keep you safe online.

The internet is a lot of fun, and social media has a lot of wonderful uses. But as more and more attorneys subpoena social sites as evidence, your best bet is to keep your activity to a minimum, and to avoid writing or posting anything that could be perceived in a negative light. A single statement could be used against you.