Social media plays an ever-increasing role in criminal cases. This applies to a wide range of cases in Pennsylvania. Social media evidence in criminal cases can affect many aspects of these cases, from evidence collection to jury selection.
Your Philadelphia criminal defense lawyer will know how best to use social media in your case and will offer guidance on what you hould and should not post to protect your rights. They may also understand which judges and courts are more receptive to this type of evidence.
How does Social Media Affect Court Cases?
Social media has been widely used for almost 20 years, so there is a wealth of information available online that could affect criminal cases. As time has passed, this data has become more mainstream in courts in Pennsylvania. Some ways social media activity affects court cases include:
Evidence and Evidence Gathering
When a defendant uses social media, their accounts could provide a treasure trove of evidence in a case. Uncovering this valuable evidence is one of the cornerstones of the field of digital forensics.
Prosecutors could search social media posts, messages, and the suspect’s digital footprint to uncover self-incriminating evidence. Law enforcement officials could monitor social media companies like Facebook, Instagram, X, Snapchat, TikTok, and other social platforms. They can also subpoena direct messages or private chats as evidence under the Electronic Communications Privacy Act of 1986 (ECPA).
Establishing a Location or Alibi
Defendants may be able to use geotags, timestamps, or other digital footprints available through social media to help establish a location or offer an alibi. This can sometimes be easier than finding a reliable witness to verify an alibi or establish the defendant’s location far from the crime scene at the time of the incident.
Establishing Character
Social media profiles can offer insight into a defendant’s character or habits—for better or worse. For example, prosecutors could uncover evidence of previous criminal behavior or associations with known criminals. The defense could use past public posts to demonstrate the party’s involvement in their church or community.
Both sides can also use social media to establish or question witness credibility. For example, a witness might contradict something they said online during their testimony, raising concerns that allow the other side to discredit their testimony.
Effects on Jury Selection
Both prosecutors and defense attorneys may scrutinize potential jurors’ social media accounts during the jury selection process. This could identify concerns for either side about their views or personal beliefs, indicating how they might react to evidence in the case.
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Challenges of Using Social Media in Criminal Trials
When can social media be used in court? There are some concerns about how or when it is appropriate to use social media in the courtroom. Addressing some significant concerns about social media is essential if either side wants to use it in a criminal case.
Challenges to Admissibility
Social media evidence must meet specific standards to be admissible in a Pennsylvania court. Under 225 Pa. Code Rule 901, the party presenting the evidence must show that it is what it claims to be. For example, there must be some way of authenticating a screenshot of a social media post presented to the jury. Evidence from social media must also pass the relevance and prejudice tests under 225 Pa. Code Rule 402 and 225 Pa. Code Rule 403.
Privacy Concerns
While many people believe they have tight privacy settings on their social media accounts, there is no reasonable expectation of privacy with social media content. Once it is posted to the internet, you should consider it public regardless of your privacy settings.
However, law enforcement agencies must still follow all required legal procedures to gain access. This is especially true when using direct messages or private chats. This means they should obtain a search warrant before having a digital forensics specialist or another investigator access the data.
Potential for Misinformation
It is imperative to be aware of the potential for the spread of misinformation from social media, too. False or misleading information is prevalent on social media platforms. This could affect the jury pool, influence jurors after selection, or influence potential witnesses. It also creates challenges for attorneys who must mitigate the effects rumors and speculation can have on their clients regardless of the outcome of the legal case.
The Influence of Social Media on Public Opinion and Criminal Trials
While defendants are considered innocent until proven guilty in the criminal court system, this is not true on social media. Widely publicized or high-profile cases often lead to viral posts on social media, shaping public perception and potentially influencing jury selection. This could even lead to a change of venue, which occurs when the case must be moved to another court to ensure a fair trial.
When widespread speculation about a defendant’s guilt or innocence occurs, it could change the atmosphere in the courtroom and alter how both sides act. In this way, the effect of social media on criminal cases may occur even when there is no digital evidence presented in the case. Both prosecutors and defense attorneys must carefully navigate the process when this occurs, ensuring a fair trial.
You Want a Defense Attorney Who Understands the Role of Social Media in Your Criminal Case
As social media evidence becomes more and more common in criminal cases, understanding the effects of these platforms on trials is critical for both defendants and their attorneys. This is one of the most important benefits of hiring an experienced lawyer. They will know how to best approach social media evidence and how to use it to your advantage.
Your attorney will use your case facts and other details to develop the strongest possible defense strategy for your case. You can focus on protecting your freedom and future while your attorney builds a strong defense.
Discuss Your Case During a Free Consultation with a Criminal Defense Lawyer Today
The Law Offices of M.J. Snyder, LLC, provide free, confidential consultations for those facing criminal accusations or arrest. You can learn how our criminal defense lawyer can help you with your case, including dealing with social media evidence.
Contact us today to learn more during a free initial consultation.
