How Your Social Media Privacy Settings Can Impact Your Case

• Sep 3 2018

Social-media posts, messages, photographs, and account records may become evidence in a criminal case. Privacy settings can limit routine public viewing, but they do not guarantee that investigators, other users, or a court cannot obtain the material.

Private Does Not Mean Unavailable as Evidence

Public posts may be viewed by investigators. Restricted posts can reach them through recipients, screenshots, other people with access, or appropriate legal process directed to a user or service provider. The legality of collection, authentication, relevance, and admissibility remain separate questions. A private-account setting does not itself create an evidentiary privilege.

Preserve Relevant Material

Do not delete messages, photographs, posts, or an account to prevent investigators from finding evidence. Do not assume that deactivation is always safe because it differs from deletion. Ask counsel before changing an account, retention setting, or access arrangement when the material may be relevant to an investigation or proceeding.

Florida section 918.13 prohibits specified acts of evidence tampering when its knowledge and purpose requirements are met. Its application is not limited to the moment after formal charges are filed. Preservation duties and court orders can also matter. Counsel can help preserve original content, context, dates, and other information while advising about future posting and privacy choices.

Practical Steps During a Case

• Avoid discussing the alleged incident, witnesses, or litigation on social media.
• Tell your attorney which accounts and relevant messages exist, including disappearing-message settings.
• Preserve potentially relevant material and obtain advice before deleting, deactivating, or altering it.
• Do not contact witnesses or protected people in violation of a court order, including through tags, messages, or another person.

Discuss Your Concerns With Counsel

Our criminal defense attorneys can review social-media issues as part of your defense. Contact Valiente Law if you are concerned about evidence, privacy, or an investigation.

Posted in: Criminal