Locations
You know that the police are looking at social media when they are investigating cases. What you may not know is whether they are allowed to do this with or without your consent or a warrant. So, here is what you should know:
- Content posted on public sites and accounts are considered evidence “in plain view” because anyone who has Internet access and access to sites like Facebook can see it. There are no viewing restrictions so the police are free to scour this without a warrant.
- When content is posted on a private account, like a private Facebook account that is only viewable to the user and his or her Facebook friends, then the police need a search warrant to gain viewing access.
Just Like It Is Advisable
To use discretion when posting content on social media because a person is weary about employers seeing it, it is advisable to use discretion so that it never lands you in legal trouble with the law. Social media has aided the police in many cases, do not let that be the case for you.
What Exactly Are Search Warrants For?
When the police want to go through your property and belongings, they will need a search warrant, which is an official document executed by a judge that gives officers the right to go through your stuff. In order to get a search warrant, the officers must have probable cause to believe criminal activity has, is, or will be taking place.
A search warrant will list items and/ or locations that can be sifted through by the officers. The officers may not search locations that are not listed. For example, if the warrant specifies only the kitchen and living room of a home, the officer cannot search the bedrooms. The warrant also allows the officers to seize items during their search.
Search warrants are not needed if you give consent to the officer to search. They are also not needed after an arrest when the officer searches the arrestee and the surrounding area.
If your loved one has been arrested, and an officer comes to you because you are very close with the arrestee and wishes to search your property and belongings, you can say no. They would have to come back with a warrant.
We believe everyone is innocent until proven guilty, and we believe in the right to bail. We will be there for you.