Why Accepting That Friend Request Can Land You in Hot Water…

With social networking dominating the way we communicate, police and prosecutors are using the trend to their advantage. They are going undercover online to catch suspects. Law enforcement officers have been creating fictitious Facebook profiles to gather information and communicate with people of interest. They are “friending” suspects, exchanging messages, and browsing their private information.

The increasing use of these sting operations is causing concern regarding the privacy and security in the online world. Gaining evidence through fake social network accounts might be an infringement of your constitutional rights. The Fourth Amendment affords you the protection against unreasonable search and seizures, typically requiring a search warrant, and the question becomes does this extend to the “on line world”.  Accessing individuals Facebook or other Social Media Accounts via fake identity raises many questions.  Different Courts have taken different approaches, in deciding whether these police tactics are legal.

The question for the Courts is: Do social network sites provide users with an expectation that their personal information will be protected? With no definitive rule, and Courts taking different positions, these matters will be decided on a case-by-case basis, where the specific facts need to be carefully viewed.

It is important that your constitutional rights are protected. If you believe your rights have been violated or you have been accused of a crime based on illegally obtained information, contact me, defense attorney David Polsky, at (973) 686-9787 or email me at [email protected] today for a free consultation.