Miami Criminal Attorney Musca on Law Enforcement Use of Social Media for Investigation/Prosecution
The use of social media networks has exploded in recent year, but many users do not realize that social media has become a frequently used tool of law enforcement agencies. A recent presentation by the Department of Justice to its employees explained how social media sites could be used to gather information about suspects regarding the suspect's location, motives, personal relationships and alibis. The Electronic Frontier Foundation (EFF) has obtained internal documents from the Justice Department and IRS, which describe the ways that the agencies use social networking during investigations. If a person posts information on public sites such as Facebook, MySpace or Twitter, law enforcement has access to the information the same way that one's friends and family have access. The Department of Justice will go further using legal procedures to get access to a social network's private information about users.
"We will continue to use publicly available information individuals post online about their illegal activities or false statements to law enforcement officials in our investigation," said a representative of the Department of Justice. In addition to accessing public and private information entrusted to a social network, law enforcement is increasingly relying on undercover operations wherein an officer assumes a false identity to make contact and communicate with a suspect.
"Social networks are becoming an increasingly troublesome issue for criminal defense lawyers here in Miami and throughout Florida," said Miami criminal defense attorney John Musca. "One of the first things that a criminal defense lawyer tells his client is not to talk to anyone. With social networks, suspects are not just talking to 'someone,' they are talking to everyone," said Musca. Musca advises clients to be very careful about what one puts on a social media page because law enforcement will Google ones name when investigating a suspect.
More troubling, social networks are not necessarily vigilant about protecting the privacy of their users but instead are increasingly cooperating with law enforcement agencies. MySpace has prepared a law enforcement guide and a 24/7 hotline and email account to assist law enforcement agencies in conducting investigations. A MySpace spokesman recently acknowledged efforts by MySpace, "making sure law enforcement gets the information they need in a way that complies with all laws in order to be admissible in court...."
The Department of Justice openly admits conducting undercover operations online, but the IRS forbids its employees from misrepresenting their identity to obtain information from social network users. However, the IRS uses public information contained on social media sites. The IRS also might use Google Street View to challenge a taxpayer's valuation of their home by using the images to show the house's value far exceeds the value as stated by the taxpayer.
Social media have become a fun diversion and means of communication for many people. It is important that one recognize that this information may be available for the world to see - a world that includes law enforcement agencies. If you are under investigation for a crime, you should immediately remove all social media pages. These sites have become an invaluable tool of law enforcement. The information contained on ones social media site may mean the difference between freedom and jail.
Musca Law provides the highest quality criminal litigation services to the residents of Miami. Our Miami Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both the State and Federal courts throughout Florida. These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.
