Social media posts, including those made on Facebook, can potentially be used as evidence in court cases. While social media privacy settings may give a false sense of security, anything posted online can potentially become public and admissible in court. There are a few key factors that determine whether Facebook posts can be used as evidence:
Public vs. Private Posts
Content posted publicly to social media sites is generally fair game for use in court. This includes posts made to public pages and groups, friends of friends, and other open privacy settings. Truly private messages and posts limited to specific friends may have more protection, but could still be admitted with consent or a warrant.
Relevance to the Case
For social media posts to be used in court, they typically need to be relevant to the facts and circumstances of the case. Posts directly related to crimes, personal relationships, communication with parties in the case, etc. are more likely to be deemed admissible.
Authentication
The party submitting social media evidence needs to properly authenticate it by showing the posts came from the alleged author’s account. This may require testimony, metadata, or other confirmation.
How Facebook Posts Can Be Used in Different Types of Cases
Criminal Cases
In criminal cases, Facebook posts may be used as evidence of:
- Motive or intent – Posts suggesting plans, reasons, or justifications for crimes.
- Admissions of guilt – Direct or indirect confessions of guilt in posts.
- Alibis – Posts proving or disproving a defendant’s claimed whereabouts.
- Gang affiliations – Photos, posts, and connections indicating gang involvement.
- Character evidence – In limited cases, posts may be used to portray a defendant’s character.
Personal Injury Cases
For personal injury lawsuits, Facebook posts may provide evidence about:
- Injuries and their effects – Descriptions and photos documenting injuries and recovery progress.
- Pain and suffering – Posts about struggles, limitations, and hardships due to an injury.
- Fake or exaggerated injuries – Posts indicating alleged injuries don’t exist or are exaggerated.
- Alternative causes – Posts suggesting other reasons for alleged injuries besides the defendant.
Family Law Cases
In family law and divorce cases, Facebook posts may reveal information about:
- Infidelity – Messages, photos, and posts evidencing extramarital affairs.
- Hidden assets – References to undeclared property and financial accounts.
- Parenting skills – Posts showing parenting strengths/weaknesses.
- Domestic violence – Threatening or abusive language directed at a spouse.
- Child custody – Photos, comments, and interactions evidencing relationships with children.
Civil Trials
For other civil litigation, Facebook could provide evidence about:
- Breach of contract – Discussions, statements, and admission related to contractual disputes.
- IP infringement – Posts, photos, or videos using another’s IP without authorization.
- Defamation – False, damaging statements about the plaintiff made online.
- Disability claims – Details about daily routines, activities, etc. that contradict alleged disabilities.
How Facebook Evidence Can Be Obtained and Authenticated
To obtain and authenticate Facebook posts for court, parties may use the following methods:
Facebook Warrants
Law enforcement can obtain search warrants for Facebook account content, directed to the company rather than individual users. Facebook is mandated to comply with valid warrants and subpoenas.
Discovery Requests
Attorneys can request Facebook posts directly from opposing parties through standard discovery procedures like document requests, interrogatories, and depositions.
Consent for Release
Users may voluntarily consent to release their account content to other parties in the case, often using Facebook’s account download tool.
Metadata
Facebook activity metadata can help confirm the dates, times, and accounts associated with particular posts.
Testimony
Those familiar with the allegedly authoring party’s account and writing style can testify the posts came from them.
Independent Authentication
Posts can often be authenticated without relying exclusively on Facebook’s compliance, through screenshots containing account identifiers, filenames, corroborating witnesses, etc.
Limits on Using Facebook Evidence in Court
While social media evidence can be compelling in court, there are still limits and safeguards:
- Exclusion for prejudice – Judges may exclude social media evidence if it’s more prejudicial than probative.
- Privacy protections – Private account content still has some protections requiring proper procedures for access.
- Authenticity doubts – Parties can challenge the authenticity and veracity of social media evidence.
- Relevance requirements – The posts must clearly relate to factual disputes in the case.
- Hearsay issues – Out-of-court statements may require exceptions to hearsay rules.
Example Cases of Facebook Posts as Evidence
Here are some real-world examples of Facebook posts being used as court evidence:
People v. Taker
In this 2019 New York case, the defendant’s Facebook posts were used to show he lied about his whereabouts the night of a murder. GPS data from the posts placed him at the crime scene.
Commonwealth v. Mazzarino
The defendant’s Facebook posts about selling prescription painkillers were admitted in his 2018 trial in Pennsylvania for drug trafficking charges.
United States v. Loud Hawk
A 2017 Oregon case used the defendant’s Facebook posts with violent rhetoric as evidence he violated probation by illegally possessing firearms.
Johnson v. McCullough
Facebook posts were submitted in this 2017 civil case in Missouri showing the plaintiff riding rollercoasters, contradicting claims of permanent disability from a car accident.
Key Takeaways
In summary, key points about using Facebook posts in court include:
- Public posts have little protection, while truly private messages may require warrants or subpoenas.
- Posts must be relevant and authenticated to be admissible as evidence.
- Facebook posts can provide compelling evidence in criminal, personal injury, family law, and civil cases.
- Parties can try to exclude social media evidence for privacy or prejudice reasons.
- Facebook warrants, discovery, consent, and authentication methods allow admission.
So while social media users may overshare assuming privacy, Facebook and other platforms leave discoverable trails of content that could end up submitted in court. Individuals need to realize that even deleted posts may be recoverable. In general nothing online is ever truly private or confined just to the intended audience.
Conclusion
Facebook and other social media posts have become a common and impactful form of evidence in all types of court cases and legal disputes. Given the widespread oversharing and privacy misconceptions around social media activity, users should be aware that their posts could end up being read before a judge and jury some day. While there are some limitations around social media evidence, in general anything shared online can potentially be discoverable and admissible in court with the right procedures. Individuals need to realize that social media activity leaves a permanent and retrievable record of statements, photos, locations, and other potentially relevant evidence.