Can Social Media Posts Be Used Against You in a Criminal Case?
By Sullivan Rice
Most people think of social media as a place to share photos, opinions, and updates about their lives. But if you are involved in a criminal investigation, what you post online can potentially become evidence.
Facebook posts, Instagram stories, TikToks, Snapchat messages, comments, direct messages, and even old posts can potentially be relevant to a criminal investigation or prosecution.
So, can social media posts actually be used against you in a criminal case?
“Sometimes. However, remember if this are admissions, they could very well come in. This includes photos.”
Social Media Can Become Evidence
If prosecutors believe a social media post is relevant to a criminal case, they may attempt to use it as evidence.
For example, a post could potentially be relevant to questions about:
Where someone was at a particular time
Who they were with
What they knew about an incident
Communications between people involved in a case
Statements about an alleged crime
A person's relationship with a victim or witness
Events leading up to or following an alleged offense
A post does not have to explicitly say, "I committed a crime" to potentially become relevant.
Something that appears harmless on its own could take on a different meaning when considered alongside other evidence.
What About Deleted Posts?
Deleting something from social media does not necessarily mean it is gone forever.
Depending on the platform, investigators may be able to obtain information through legal processes such as subpoenas or search warrants. Other people may also have saved, screenshotted, downloaded, or recorded the content before it was deleted.
That means deleting a post after an incident does not necessarily eliminate the evidence.
It can also create additional questions about when and why something was deleted.
What About Private Accounts?
Making an account private does not necessarily make everything on that account legally protected from being used as evidence.
Investigators may still be able to obtain information through other sources. For example, someone who has access to a private account could potentially provide screenshots or other information to investigators.
Private does not always mean inaccessible.
Can Police Look Through Your Social Media?
The answer depends on what information police are trying to obtain and how they obtain it.
Some social media information is publicly available and can be viewed without obtaining access to a private account.
Accessing private communications or other protected information can raise different legal and constitutional questions. Depending on the circumstances, law enforcement may need legal process to obtain certain information from a social media company or another source.
The Fourth Amendment protects against unreasonable searches and seizures, but how those protections apply to digital information can depend heavily on the facts.
What About Screenshots?
Screenshots can potentially be used as evidence, but the prosecution may still need to establish that the material is what it claims to be.
This can become especially important when the authenticity or context of a social media post is disputed.
For example, a screenshot might not show the entire conversation. A post could have been taken out of context. An account could have been impersonated or hacked. A username or profile picture alone does not necessarily establish who actually created a particular message.
These are issues that can become important in a criminal defense case.
Context Matters
One of the biggest problems with social media evidence is context.
A short post, comment, photograph, or message may look very different when viewed by itself than it does when the surrounding conversation is considered.
For example, sarcasm, jokes, slang, or references that are obvious to friends may not be obvious to someone reviewing a screenshot months later.
That does not automatically make the evidence inadmissible. But context can be important when determining what a statement actually means and whether it proves anything relevant to the charges.
Don't Assume Your Posts Will Stay Private
If you are under investigation or have already been charged with a crime, it is generally a bad idea to post about the case online.
That includes more than simply discussing the allegations.
Posting about witnesses, the alleged victim, evidence, police officers, court proceedings, or your version of events can potentially create additional problems.
Even posts made before an arrest can become relevant if investigators believe they relate to the alleged offense.
What If Someone Else Posts About You?
You do not control everything that appears online.
Friends, family members, witnesses, alleged victims, and other people can post photographs, videos, messages, or statements that involve you.
Those posts can potentially become part of an investigation even if you did not create them yourself.
This is one reason a criminal defense attorney may want to understand the broader digital evidence surrounding a case, rather than focusing only on what the defendant personally posted.
Should You Delete Your Social Media?
If you are involved in a criminal investigation, talk to a criminal defense attorney before making significant changes to your online accounts.
Deleting, altering, or concealing potential evidence can create additional legal issues depending on the circumstances.
Instead of trying to clean up your social media on your own, speak with an attorney about what you should and should not do.
Your Social Media Does Not Decide Your Guilt
A social media post can be evidence, but evidence is not the same thing as proof of guilt.
The prosecution still has to prove the elements of the charged offense beyond a reasonable doubt.
A defense attorney may examine questions such as:
Is the account actually connected to the defendant?
Is the post authentic?
Has the evidence been altered?
What was the context?
When was the post created?
Who had access to the account?
How was the evidence obtained?
Is the evidence legally admissible?
What does the post actually prove?
Those questions can be especially important when social media plays a significant role in a criminal investigation.
Talk to an Attorney Before Talking Online
Social media can feel informal, but criminal investigations are not.
Something you post in a few seconds can potentially be saved, shared, or introduced as evidence long after you forgot about it.
If you are facing a criminal investigation or criminal charges in Minnesota, talk to a criminal defense attorney before discussing the case online or with investigators.
At Jack Rice Defense, we represent people facing criminal charges and investigations throughout Minnesota. If social media or digital evidence is part of your case, our attorneys can help you understand how that evidence may affect your defense.
