Can social media be used as evidence in a criminal case?

Yes, anything that you post on TikTok, Instagram, Facebook, Twitter/X, and other social media platforms (including “anonymous” ones like Reddit or Discord), can and likely will be used by the prosecution against you in criminal legal proceedings. The internet is forever, and nothing that you post online is truly private, even if your social media accounts are set to “private.” 

It’s critical to follow your Lake Charles criminal defense attorney’s advice about your social media activity to the letter, to avoid unintentionally incriminating yourself (the prosecutor can twist even the most innocent posts against you). And, it’s important to know how to protect yourself during a criminal investigation.

Four ways your socials can be used against you in a criminal matter

Private investigators working for law enforcement can dig through your social media posts to disprove your alibi or find other evidence against you. As long as your social media content meets the rules of evidence set by the state, it’s admissible in court. So, what exactly can the police and prosecutors use against you? 

Posted and tagged videos and photos can be introduced as evidence

Any photos or videos of you that could relate to the case can be used against you, such as a tagged photo showing you at the location of a crime or pictures of you with co-defendants. Any reels or photos that show you engaging in online activity that could have contributed to the crime, like drinking with friends in the hours before getting arrested for DUI, can also be used as evidence.

Location tracking and check-ins may be used to contest your alibi

Any check-ins or posted locations can be used as evidence of your whereabouts at the time of the crime. If you tell the police you were in one place, but a social media post shows you at another, your alibi could be contested. Worse yet would be a post or tag from a friend showing you at the location of the crime at the time it was committed.

Your private messages aren’t private

Any DMs or other social media messages between you and another person may be used in court. Discussions of plans between you and a friend could be taken out of context, or any conversation about the crime after the fact, even if it’s “did you hear what happened?”, could be used as evidence against you.

Anything you say in a post can be used against you

Posts indicating your mental state, like vents about being arrested, posts you make arguing your innocence, or responses to other people’s posts about you, can be taken out of context and argued as an admission of your involvement.

Even posts unrelated to the crime itself could be used to impugn your character. If you’re charged with theft, and a month-old post says ‘I’m so broke I’d do anything for $100,’ it might be used to argue motive

Keeping the prosecutor’s social media investigation from harming your case

It’s tempting to delete all your socials, but if locking down your privacy isn’t enough, be very wary. If you start deleting pictures or editing posts, you could be in trouble for attempting to destroy evidence. However, there are a few things you can do:

• Don’t post anything about the case, not even positive updates
• Ask your friends and family to refrain from posting about you, your case, and sharing pictures of you
• Put all your social media settings to private
• Turn off your location sharing
• Don’t accept any new friend requests or follows

How social media gets admitted as evidence in court

To use social media content in court, prosecutors must follow the rules of evidence, not just privacy laws. Under the Federal Rules of Evidence, anything you post online can be introduced at trial if it’s authenticated, meaning prosecutors can prove the post is yours and relevant to the case.

Posts, photos, check-ins, or DMs may be used to show your location, intentions, or relationships, especially if your profile is public or someone else has access to the content. Even deleted posts or private messages can sometimes be accessed with a warrant or subpoena under laws like the Stored Communications Act.

Your defense attorney may be able to challenge the use of social media evidence, arguing it was taken out of context, lacks proper authentication, or is too prejudicial under Rule 403. But the safest approach is not to post anything at all while your case is ongoing, and to follow your lawyer’s advice closely.

Think twice before you post

Anything you say or share on social media can be used against you in a criminal investigation. Prosecutors and law enforcement agencies actively review social media activity for evidence, and deleting or editing posts can backfire legally. The safest option? Don’t post at all while your case is pending, and follow your criminal defense attorney’s advice closely.

If you’ve been charged with a crime, you have the right to an attorney, and our legal team is ready to protect it. Don’t risk your freedom. Call The Johnson Firm today at (337) 433-1414 or contact us online for a consultation.