Social Media Means
Photo: Malcolm Garret
Yes and they do. Police regularly search social media for evidence of crimes, to see who you associate with, to see if they can get you to admit to crimes.
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Read More »Can the police search my social media profile? Yes and they do. Police regularly search social media for evidence of crimes, to see who you associate with, to see if they can get you to admit to crimes. CNN reports that 4 out of 5 police have used social media during an investigation. That number is probably higher than anyone wants to admit. We've handled cases where people have been arrested for posting pictures of themselves on Facebook holding guns - and the guns were stolen. We've seen people arrested for domestic violence crimes because of threats they've posted on Twitter. We've handled cases where a high school student posted a vague threat on Twitter, and his school went into lock down for his alleged threat. For police, looking at your social media profile can be like shooting fish in a barrel. There you are, in a club, surrounded by dollar bills and alcohol - and you're on probation. The police cannot search your phone without a search warrant. However, nothing prevents the police from looking at your Facebook, Instagram, or Twitter page from their own computers. The Fourth Amendment to the Constitution protects people from unreasonable searches by the police. The protections apply where there is a “reasonable expectation of privacy”. In order to search a cell phone, for instance, the police must obtain a warrant or consent from the phone's owner. The same is true of the many ways people can store data online which are not accessible to the public. But, social media presents a problem. Public profiles do not require a warrant for the police to access, download, and later use for criminal prosecutions. While most expect their private profiles are protected, the terms and conditions of social media, like Facebook, may not meet that expectation. Social media sites do not give you a Constitutional "reasonable expectation of privacy".
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