Don’t let it happen to you: THINK ABOUT WHAT YOU POST BEFORE YOU POST IT

More than ever, police officers and investigators are using social media sites like Facebook, Twitter and Instagram to collect evidence and solve crimes. This is because we, as social media users, have become accustomed to publicizing our private lives. Obviously, there are many benefits to socializing online with friends and family. However, it is important to remember that law enforcement could be looking. So, this is a reminder to all of my fellow social media friends out there….

Think about what you post before you post it. I know it feels good to get “likes” and “followers” and I understand wanting to flaunt what you have but your posts can be used against you….

For example, in recent news:

• Fl. man charged with 142 felonies after Sheriff stumbles upon his Instagram page.

• Posting “I think I’ma shoot up a kindergarten” on Facebook had unintended consequences for a sarcastic 18-year-old.

• Ohio man convicted of Aggravated Vehicular Homicide after YouTube confession goes viral.

• Police in Charlotte, NC arrest 9 members of local gang with the help of their social media posts.

So, in light of the rampant use of social media evidence in criminal investigations, how can you protect yourself?

Obviously, the best way to avoid trouble is to refrain from engaging in criminal activity, in public, and posting about it.

Here are some obvious examples of what NOT to post online:

• Photos/Videos of
  • Large amounts of cash
  • Drugs/Drug Paraphenalia
  • Underage drinking
  • Guns
  • Gangs flashing known gang signs
  • Fights
  • Mistreatment of animals
• Statements that could be interpreted as:
  • A threat
  • A confession
  • An illegal offer

But, sometimes, in the moment, it is hard to know whether your post is, in fact, incriminating.  For example, it seems completely harmless to post your whereabouts and who you are. However, by sharing things like your location and your daily activities, you are essentially creating a date and time stamped timeline of your life (no Facebook pun intended). This can become a problem if you put yourself somewhere where a crime is committed or with someone who is suspected of committing a crime.

So, if you are like me and do not want to stop using social media, the next best thing to do is implement the strictest privacy settings. This will allow you to protect your posts from the general public.

Unfortunately, even with the strictest privacy settings, law enforcement officials can gain access to our social media accounts using a variety of techniques. Sometimes, officers create fake profiles and send friend requests to potential suspects who they are investigating. If that fails, they will sometimes request the assistance of the suspect’s social media friends and review their posts that way. And if both of those strategies fail, officers can often obtain criminal search warrants that require social networks to turn over identifying information about us, their account holders (including IP addresses associated with the account). Although officers rarely seek these types of search warrants, it is important to know that they can get them.

So, if you aren’t interested in abstaining from social media completely, please avoid posting anything incriminating and implement the strictest privacy settings. It is for your own protection.

Also, one more thing:

If law enforcement can do online investigation and use it to prosecute us, there is no reason why we can’t use it to defend ourselves too!

If you or someone you love is charged with a crime and there may be exculpatory evidence (evidence to demonstrate your innocence or the circumstances justifying your actions) online, investigate! And, whatever you find, make sure to preserve it by taking a screenshot or printing it out. You never know how it can help you down the road.

For more advice about using social media evidence to fight criminal charges, contact me at 404-581-0999 or via email at Rachel@peachstatelawyer.com