Social media has helped law enforcement secure convictions in thousands of cases across the country—including murder, drug possession, assault, and conspiracy. In one notable case, a teenager was charged with homicide after sending a Snapchat of himself with the victim’s body. The recipient took a screenshot and gave it to police. While most people won’t make such drastic mistakes, even casual posts or check-ins can become key evidence in criminal investigations.
Top 5 Ways Social Media Is Used as Criminal Evidence
Because of the wealth of information available on social media, law enforcement uses social media as criminal evidence in almost 87% of cases nowadays. The ways it can be used ranges drastically, but there are five common ways that law enforcement most commonly employs social media as criminal evidence.
- Direct evidence of criminal action: This is the way that people most commonly think about “dumb criminals” getting in trouble with social media. Perhaps the defendant posted a picture of themselves with the weapon used in a crime or the stolen items from a robbery. In one case, a defendant even allegedly posted a picture of themselves with the body of the person they had murdered.
- Proximity to the location of a crime: Now that social media is often linked with our phone’s GPS, it is often easy for law enforcement to prove that the accused was near where the crime was committed at the time when it occurred. Sometimes these location tags may even be accidental or unknown to the defendant, but they can still be used to build probable cause.
- Criminal intent / mindset: Often, people post on social media about their emotions. This can be used by police as evidence of criminal intent or a mindset of someone about to commit a crime. For example, derogatory, angry, and especially violent comments about a victim is often used to establish the guilt of those accused of committing the actions.
- Association with known criminals: Often, your social network is used to give away any potential association with known criminals. If you are Facebook friends with a bunch of gang members, for example, law enforcement can use it as evidence that you too are involved with the gang. No matter how well you may actually know the “criminal elements” in your network, it can be used in a trial.
- Circumstantial social media evidence: This type of evidence is less obvious, but often the most common. Any evidence that you have been open to a crime or under the right conditions to commit it can be used as circumstantial evidence of a crime. For example, someone accused of a DUI may find Instagram pictures of their presence at a bar the same night appearing as evidence during a trial. A person in groups related to drug use or legalization is going to be questioned about this activity during a possession or distribution case. In fact, any evidence even remotely related to the crime at hand can come up during a trial—a large part of why social media as criminal evidence can be so damaging.
How to Avoid Self-Incrimination on Social Media
Even if you haven’t committed a crime, what you post online can be misinterpreted, taken out of context, or used to build a case against you. Here are tips to protect yourself—especially if you’ve been arrested or suspect you’re under investigation:
- Don’t post about anything that hints at illegal activity. This includes photos or captions referencing drinking, drug use, violence, or gang affiliation—even if it’s a joke.
- Check your privacy settings—but don’t rely on them. Police can still access your content through friends or fake profiles.
- Prune your friend list. Be cautious about who you’re connected to. An undercover officer could pose as a friend to collect evidence.
- Disable GPS check-ins or tagging features. Your phone or app may track your location and inadvertently place you at a crime scene.
- Think before you post—especially private messages. Even “disappearing” content like Snaps or DMs can be screenshotted or subpoenaed.
- Don’t say anything you wouldn’t want read in court. Sarcasm, jokes, and emotional posts can be twisted and used as evidence of motive or intent.
If you’re facing charges or fear your social media posts may be used against you, speak with a criminal defense attorney right away. Early legal guidance can help you minimize damage and build a stronger defense.
Consult a Cincinnati Defense Attorney at LHA
As you can see, any use of social media can potentially get you in trouble with law enforcement during a criminal trial. Obviously, it is important to be smart about what you decide to post, but it is also vital that you get the support of an experienced criminal defense attorney who understands how social media is used in criminal investigations and can best defend you against potential attacks. If you have been arrested for any crime, call the dedicated Cincinnati and Northern Kentucky criminal defense attorneys at Luftman, Heck, and Associates right away at (513) 338-1890 to set up a free consultation on your case. We will explore your social media activity, find any potential weaknesses, and most importantly, never stop fighting for you until we get the optimal outcome for your case.
