How can the courts use your social media against you in a drug case?

If you are like most people, you post regularly on social media. While you may know to stay silent when it comes to incriminating yourself, you may not realize that the courts can also use your social media as evidence against you. According to the National Law Review, if the court can authenticate your posts, they can use drug-related posts to their advantage.

How can courts authenticate your posts?

When using social media evidence, prosecutors have to solidify that the posts in question belong to you. The easiest way a prosecutor can prove the posts belong to you is if you admit to them. Otherwise, they may use circumstantial evidence. For instance, the prosecutor can call upon a witness who knows your social media page, knows how you speak, and can vouch for the post's validity. If the posts sound like you, come from an account associated with your name and have timestamps associated with the case, it can become solid evidence against you.

How can you prevent incriminating posts on social media?

Your first defense against the courts using your social media is to private your accounts. Only allow friends to see your posts and pictures. Keep in mind that if you have friends or family on social media, they can access the posts and provide the court with evidence. Do not speak of drug use online. While you may think of your social media page as safe, it is better to be careful about what you post because you do not know who may read it. While prosecutors can use social media against you, they cannot access your page alone if you keep your posts private.