Social media evidence is often permissable in court. This could mean pictures of you that somehow tie into your alleged guilt. But what if you never wanted the photo to be taken, you never gave permission for it to be taken and you never wanted it to go online? Then can it still be used?
Typically, it can if you were in a public place and had no reason to expect any additional privacy.
For instance, maybe you were out with your friends and, on the way home, you got pulled over. The officers said your car smelled like alcohol. They also said you failed a field sobriety test. You refused a breath test and they arrested you.
You deny that you were drunk. You claim you never had a single drink and you weren't even at a bar. You were just at a local restaurant getting a late dinner.
Then the prosecution brings up a picture they found on Facebook. It was taken by an acquaintance you didn't even know was at the bar, but you were tagged. In the photo, you clearly have two empty beer bottles in front of you and you're actively taking a shot in the photo. You have another one in your hand.
You didn't know the picture existed until that moment. You forgot to check your notifications and you didn't know anyone was snapping photos in the bar. You can't claim that it was an invasion of your privacy, though, because you don't have a right to privacy in a public place. Plus, the person who took it wasn't a police officer trying to get evidence. It was just another civilian taking a picture of his or her night, lawfully, and you happened to be in the background.
Know Your Rights
It may seem unfair, but it's the world we live in with cellphones everywhere, people taking endless strings of photographs of daily events and most people on social media. This is why it's very important to know your legal rights if you're accused of a crime. You must know exactly where you stand and what legal options are open to you.
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