The Indiana Court of Appeals just gave lawyers a road map on how to introduce the social media posts evidence in court. Now what you say or post is easier to be introduced in to court against you. The Indiana Court of Appeals ruled on April 30, 2105 in the case of Wilson v. State, in a case of first impression on the requirements under Rule 901 that the trial court in a murder trial did not commit error in allow evidence of tweets alleged to be from the defendant. The evidence was from a witness that testified that she had previously exchanged “tweets” with the defendant some of which the defendant had tweeted pictures of the 2 of them. Also a tweet with that username had tweeted pictures of the weapons used. You should consider not posting anything on any social media if you think you are going to be a witness or party in court. Since you never know if that will occur, think twice or more before posting. Even if you restrict your account to “friends” what your “friends’” post can still be seen by people if your friends’ accounts are not restricted. Your “friends” can tag you in a post. We have seen people with thousands of “friends” or “followers” who can post about you. Evidence that previously was thought not to be admissible without substantial expense and time, can now be used against you. If you are a litigant or possible litigant, you should start printing or saving posts by possible opposing parties or witnesses. You should also stop posting to social media. While we have recommended such to clients in the past they seem to not be able to comply. This applies to all areas of law. If you are claiming an injury, social media showing you doing things inconsistent with your claims will now be used. Previously, parties may be hiring private detectives to follow you. Now you may be doing the work for them.
Prepared by Richard A. Mann of Mann Law, P.C. Attorneys at Law, www.rmannlawoffice.com
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