Many people are surprised to learn that posts made on “private” social media accounts frequently appear as evidence in Arkansas criminal cases.
Privacy settings on platforms like Facebook, Instagram, Snapchat, or TikTok do not necessarily prevent prosecutors from obtaining and using your content in court.
You May Lose Privacy Once You Share Information With Others
In general, courts have held that once information is voluntarily shared with other individuals — even through a restricted social media audience — a person may no longer have a reasonable expectation of privacy in that content.
This means that posts, photos, messages, and comments shared with “Friends Only” audiences can still become evidence in a criminal investigation.
Common Ways Social Media Is Obtained by Law Enforcement
- A cooperating witness or acquaintance provides screenshots
- A recipient of a message turns over conversation history
- A search warrant is served on the platform provider
With a valid warrant, social media companies may produce account data that can include:
- Messages
- Photos and videos
- Location metadata
- Login IP history
- Deleted or archived content
Deleting Posts After an Investigation Begins Can Create Additional Charges
Attempting to delete social media content after you become aware of an investigation may expose you to additional criminal liability under Arkansas law, including potential allegations of tampering with physical evidence.
If you believe you may be under investigation, it is generally advisable to stop posting and speak with an attorney before making any changes to your online accounts.
If social media may be relevant to your case, contact Rhodes Criminal Law to discuss how this type of evidence could impact your defense.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.