What To Know About Social Media and Illinois Criminal Cases

 Posted on January 31, 2025 in Criminal Defense

It is nearly impossible to downplay the importance social media has in our lives. Whether you use it to post and see pictures of your friends, stay on top of new trends, get yourself from Point A to Point B, find your next job or apartment, or anything else, social media has weaved its way into every aspect of the average person’s routine. 

Criminal law is no exception. Things posted on social media can be used by both the prosecution and the defense as evidence or liability in any given case. In Illinois, there are legal guidelines dictating how social media can be incorporated in cases. A knowledgeable Illinois criminal defense lawyer can help you understand this and other aspects of your case.

How Can Social Media Be Used as Evidence in Court?

According to Illinois law, social media evidence can be admissible in court if it can be proven to be authentic and reliable. Authenticity can be established by proving who the content belongs to and showing that nobody else had access to the account when the content in question was created. Digital forensics, witness testimony, and defendant testimony can all be used to prove this.

What Role Do Privacy Rights for Social Media Play in Criminal Cases?

While there are no specific laws in Illinois about how social media can be used in criminal cases, there are privacy-related rules that dictate how and when it can be collected as evidence. For example, the Illinois Eavesdropping Act protects the privacy of conversations – whether they took place in person or were recorded without consent on social media. The Right to Privacy in the Workplace Act prohibits people from asking their employees for their login information on social media platforms. This is not specifically relevant for criminal cases but reflects the understanding in Illinois law that social media accounts are to be protected against intrusion. 

Last, the U.S. Constitution’s Fourth Amendment, which is strictly enforced in Illinois, protects citizens from unreasonable search and seizure. These protections extend to social media accounts as well. Police typically need a warrant before they can access your accounts.

Can I Use Social Media Evidence to Clear My Name?

While social media evidence can be used against you to incriminate you, it can also be used to exonerate you. You might use it to establish your whereabouts at a certain time thereby presenting a solid alibi, reveal overlooked facts, or demonstrate a history of statements that can sway a case in your favor. Content posted by you or others on social media can potentially disprove false allegations and help uncover what really happened in the case.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

Social media content is a potential source of evidence that people mistakenly overlook. The Aurora, IL defense attorney at The Law Office of Brian J. Mirandola can review content you have posted or that you were tagged in and advise you on whether it should be addressed in your case. Call us at 847-488-0889 so we can build a strategy and show you how we plan on advocating for your best outcome.