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  #1  
Old 01-05-2019, 12:57 PM
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Default Do D.A's look at facebook posts for evidence?

I posted on another thread on here about a friend in trouble for domestic violence charge of assault with a dangerous weapon, but out of curiosity, and a totally different subject, do D.A's look at facebook posts at all when deciding what to do with a case? Someone had told me that the D.A doesn't care about what someone posts on their facebook page.

The person that has the assault with a deadly weapons charge has a facebook page that has what might be considered some slightly disturbing content. He's got a picture of one of those fake human face masks, from his favorite movie, The Texas Chainsaw massacre. He has a post on the movie also, but you'd have to scroll down a bit. Most of the stuff is ok, just for that one picture, and a complaint about the postal service, and how he wishes violent death on them.

I don't want to give out any details as far as his name, or location, but apparently, he's more of an idiot then I gave him credit. I had always thought of him as being smarter then this. He also communicates to his wife via facebook, though I don't know how legal it is considering she's technically a witness in his case. The case has been on going now for about five months. Should I warn him to clean up his page a bit, or at this point does it even matter?
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Old 01-05-2019, 01:08 PM
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Yes they do, it's in the news all the time. And they've probably already looked at his and gathered what they need.
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Old 01-05-2019, 01:23 PM
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FB posts are subject to examination and use as evidence across the board. Always, always, always assume that what's been posted has been viewed in whatever situation you find yourself in (arrest, trial, sentencing, parole, post-release supervision).
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Old 01-05-2019, 01:26 PM
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Certainly in the UK there have been some recent trials where facebook photos and posts have been used.

A few years ago a trial was halted when it was found a jury member was talking to the defendants family members on facebook.

Its an age where its very hard to keep anything private and once its out there its out there. Golden rule if you worried about people knowing dont post it on social media.
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Old 01-05-2019, 01:44 PM
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Quote:
Originally Posted by maytayah View Post
Its an age where its very hard to keep anything private and once its out there its out there. Golden rule if you worried about people knowing dont post it on social media.
Agreed. I think people feel like it's so buried in the avalanche of personal data that they won't be bothered to look for it. Trust it was a lot harder to find an old, bent-up photo of my husband holding a firearm to use as 'proof' that he shot at someone years later than it would be to pull up a FB page. If it's out there, they can use it.
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Old 01-05-2019, 01:58 PM
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Quote:
Originally Posted by miamac View Post
Agreed. I think people feel like it's so buried in the avalanche of personal data that they won't be bothered to look for it. Trust it was a lot harder to find an old, bent-up photo of my husband holding a firearm to use as 'proof' that he shot at someone years later than it would be to pull up a FB page. If it's out there, they can use it.
So true if its out there it can be used and will likely be used. Pictures of people with weapons, pictures of people with others they claim not to know,pictures in places they claim not to have been, etc can all be powerful evidence.

Photos can be easily stolen and used to make fake accounts - catfish taught us that.

Employers can use facebook to look up potential employees.

Social media isnt my thing I am from a generation where if we wanted information we had to talk to each other face to face or on a dial phone attached to the wall by a long cord.If we wanted to share photos we had to get them printed by a photo company and then visit a friend with an album or send in the post.

I am quite glad that my drunken nights out in my younger years dont haunt me now. For some though google is a constant reminder of mistakes made.
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Old 01-05-2019, 06:02 PM
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Thanks all for the response. One of the posts is quite recent and the other may have also been missed.
I think I'll let him stew in his own juices on this. I still have some old residual feelings towards him. I fell madly in love with him years ago when I was just a teenager and have never loved another man since. I'm not even sure now looking back that it was really love at all. Just an extremely high level of obsession or infatuation. Three months after meeting him, I lost so much weight from not eating I was nothing more then a skeleton. But had he told me to run off with him, I would have done it in a heartbeat.

I think now after gaining some wisdom that maybe the better example of love is sometimes allowing people to be taught a lesson on proper behavior before something worse happens to them or someone else.
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Old 01-05-2019, 09:11 PM
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What a DV victim says about him - totally gets ignored.

What the accused says? Locations posted? Attempts to contact through third parties, even if it’s just a form of stochastic terrorism? Sure thing.

A recent example of social media mined for data includes the Charlottesville murderer - they pulled up a nasty cartoon of somebody driving through a crowd of protestors to demonstrate premeditation as well as his callousness and future dangerousness.

So, yeah, they do look at the accused's social media, but don’t give a crap about positive things said by the victim after the fact.
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