![]() The general rule is that it is not illegal to screenshot text messages (or even to share them) and that deleting a chat message from the Chats list does not remove it from the person’s contact list. Police cannot search your phone without a warrant, but they can look at your Facebook, Instagram, or Twitter pages using their own computers. In a ruling handed down today, the Supreme Court stated that photos and messages obtained through Facebook Messenger or other social media platforms may now be used as evidence in criminal court. Thus, while Facebook messages can potentially be used as evidence in criminal cases, there are a number of factors that must be considered before doing so.Ī warrant or subpoena is usually required to obtain a Facebook user’s private posts or direct messages as evidence. In many cases, such evidence is simply not relevant to the case at hand. Finally, it’s important to remember that just because law enforcement can obtain Facebook messages as evidence doesn’t mean they should. ![]() This means that even if law enforcement has a warrant, Facebook may not be required to turn over the messages. ![]() Additionally, Facebook messages may be protected by the federal Stored Communications Act, which prohibits companies from disclosing the contents of stored communications without the user’s consent. This means that they can be challenged on grounds such as hearsay or lack of authenticity. For one, Facebook messages are subject to the same rules of evidence as other forms of communication. However, there are some important caveats. In general, law enforcement can obtain a search warrant for Facebook messages and other content if they have probable cause to believe that the messages contain evidence of a crime. But can police use Facebook messages as evidence? The answer is complicated. With the ubiquity of social media, it’s no surprise that law enforcement is increasingly turning to Facebook and other platforms for evidence in criminal cases.
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