Does Social Media Play a Role in Illinois Criminal Cases?

 Posted on November 25, 2024 in Criminal Law

Social media holds an important position in most people’s daily routine, and like any other part of life, it can play a significant role in criminal cases as well. It can serve as evidence in an investigation and in court and can be a potential source of liability for defendants. Illinois law has specific guidelines that impact how social media content can be used in criminal cases. To learn more, speak with a qualified DuPage County, IL criminal defense lawyer.

When Is Social Media Evidence Admissible in Court?

Illinois has certain rules for what can be used as evidence in a case. Social media content can be admitted as evidence in a criminal case if it meets certain criteria for authenticity and reliability.

Authenticity is demonstrated by proving that content truly belongs to the defendant and was not created by someone else who hacked his or her account, for example. This can be done using testimony from the defendant, digital forensics, or witness testimony verifying the content.

Is Social Media Evidence Granted Privacy Protections During a Criminal Case?

Illinois does not have laws specifically regulating the use of social media evidence in criminal cases. However, privacy rights play a significant role in how it can be collected.

The Right to Privacy in the Workplace Act prevents employers from asking their workers for their social media login information. This does not directly apply to criminal cases but highlights Illinois’ attitude toward safeguarding social media accounts from unwarranted intrusion.

The Illinois Eavesdropping Act primarily grants privacy to conversations, but it can extend to individuals who are recorded on social media platforms without consent.

Is Social Media Content Subject to Search and Seizure?

The Fourth Amendment’s protection against unreasonable searches and seizures is strictly observed in Illinois, where it applies to social media evidence as well. With some specific exceptions, police who want to access a defendant's social media accounts need a warrant to do so. If a defendant voluntarily offers access to their accounts, this can be understood as consent and there is no requirement for a warrant. However, defense attorneys often argue that consent given under pressure is not valid, and being involved in a criminal investigation could certainly be considered a high-pressure situation.

Social Media for Exoneration

In addition to its potential to assist the prosecution in securing a conviction, social media content has played a key role in proving defendants’ innocence. By providing solid alibis, demonstrating a lack of motive, uncovering witness inconsistencies, or revealing undiscovered or overlooked evidence, social media has the potential to disprove false allegations and set the record straight.

Schedule a Free Consultation with a Wheaton, IL Criminal Defense Lawyer

Social media evidence is playing an increasingly important role in Illinois criminal cases. If you are facing charges, speak with a knowledgeable DuPage County, IL criminal defense attorney about how social media can impact your case. At Davi Law Group, LLC, we are aware of the dangers it can pose as well as the benefits it could have in proving your innocence. Call us at 630-580-6373 so we can review your case and create a strong defense for a favorable outcome.