Social Media and Criminal Defense

Los Angeles Criminal Defense Attorney

We live in an age where everything is recorded and subsequently published for the world to see on social media. Outlets like Facebook, Instagram, and Twitter allow any civilian to document crimes, or even inappropriate police behavior. This occurrence inevitably affects both the police and citizens by changing the way the two interact. Of course, police have several tasks and missions when they hit the streets. Crime prevention and addressing crime after it has occurred are two separate approaches. However, is the ascent of social media helping or hindering the way that police carry out their operations? Of course, there may be no straight answer, since each case will be fact-specific. There are two sides to the argument – some believe that social media is necessary for increased police accountability, especially with the negative attention that some police departments have recently received. Others have seen social media bring justice to those who have been harmed. Here are some overall points that underlie the discussion.

Social Media as Evidence
It is remarkable how common the use of social media is in criminal investigations.  Documenting life events with pictures, videos, status updates, connections to others and more, can be a useful tool for establishing alibi evidence, as well as a useful tool for law enforcement to prove involvement, knowledge, proximity, intent, or possession of proceeds of a crime. 

Because of the personal nature of social media, identifying ownership or identity of an account or poster can be much easier.  This can be done through user names, profile pictures, other biographical information, pictures or videos sent or received, connections to other users, comments or other communication from others, etc.  For this reason, social media can provide even stronger evidence that telephonic or text messages.  Keep in mind also how many people have access to social media profiles.  Many are accessible to the general public, but even private profiles and communications can be viewed by other connected persons.  Additionally, private and even deleted communications, pictures, videos, etc. are generally stored by the social media companies and can be subpoena'd by law enforcement or the defense.

Communication
One possible benefit of police departments using social media is increasing communication between the men in blue and local citizens. If done properly, the department can mold the topics into useful conversations – giving citizens the opportunity to be heard and to provide feedback on important social issues. It also makes sense from a practical standpoint, because most people use social media to communicate, in general. In addition, creating an outlet on social media gives the department a personal presence, as opposed to simply being a faceless entity. This type of communication is also indicative of a department’s attempts at transparency.

However, those who feel the benefits of departments using social media do not outweigh the negative aspects argue that police do not understand how to properly use social media. To be fair, law enforcement officers are trained to be just that, and not social media experts. However, this can result in social media blunders that may tarnish the department’s reputation. For example, live tweeting sting operations may be viewed as exploitation. Some argue that this is inappropriate, and that it feels like the department is engaging in reality-show publicity.  Police departments are often the target of controversy and scrutiny, so it may take the slightest social media mistake to severely impair their reputation.

Crime stoppers function
A 2013 survey indicated that 96% of police departments use social media in some way. Most departments who do utilize social media note its importance in solving crimes. Police departments used to rely on anonymous phone calls, but social media has become a crucial tool in both crime solving and crime prevention. As for crime solving, the police may canvas social media for potential witnesses, or even suspects, themselves. Some suspects are foolish enough to brag about the crimes they’ve committed on social media, helping the police bring justice to victims and their families.

Using social media for crime prevention is another important feature of social media. First, increasing communication with the citizens they serve allows police to communicate prime prevention tips to a broad audience. Social media can also provide red flags in terms of large-scale criminal activity. Social media provides this type of information that would otherwise be a timely, difficult task.

While social media is important for both crime prevention and crime solving, some argue that the department’s time should not be consumed in front of a computer. In addition, some citizens may feel uncomfortable knowing that law enforcement is roaming their personal Facebook or Twitter pages. Those who are sensitive to Constitutional concerns feel as though law enforcement does not have a right to canvas their personal conversations. The Constitutional gray area results from the use of social media by both law-abiding citizens and criminals who often incriminate themselves on social media. Police use of social media is still in its infancy, and perhaps one day the courts will decide issues like which types of content should be viewed, the breadth of information to be viewed in light of Constitutional concerns, and who should conduct the observation and analysis. It’s likely that courts will follow a 2012 decision in New York, where the court said that “A suspect’s legitimate expectation of privacy ends when he disseminates posts to his friends, because those friends are free to use the information as they wish, including providing it to the government.”

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By LAUREN NORIEGA

www.iDefendLosAngeles.com
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213-375-3775

Other Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule