Admissibility of Social Media Evidence in Court

The Federal Rules of Evidence state that admissions by a party-opponent can be introduced in court. This may include relevant text messages, social media posts, and statements made to the media. In order for evidence derived from social media platforms to be admissible in court, the evidence must be relevant, more probative than prejudicial, and must overcome any objections on hearsay grounds. Also, social media must be authenticated to confirm that the relevant messages and posts were made by the defendant.

If police investigators or District Attorneys have probable cause to believe that you may have posted pertinent information related to an ongoing criminal case or investigation, they can obtain a search warrant to seize information from your social media accounts. In response to legally issued subpoenas, court orders, or search warrants, social media platforms like Facebook, Twitter, and Instagram will comply by providing access to your online content.

Many times in the course of a trial, a defendant’s social media posts come into evidence and can be extremely detrimental to the defense.

When under investigation it is important to follow the advice of your attorney and not speak about the alleged crimes over social media. LGR Law, LLC’s federal criminal defense attorneys have the essential skills to protect your legal rights. Should you or a loved one receive any indication that you are a target of a federal investigation, contact Lorraine Gauli-Rufo, and the attorneys at LGR Law immediately. (973) 239-4300,, [email protected].

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