Everything you do on social media leaves a trace. Any content you post creates a digital footprint, no matter where it’s shared. That means when you share photos, comment on or ‘like’ posts, even the police can potentially see this information.
Keep in mind, however: police powers aren’t unlimited. They can’t legally use private account information or protected content in investigations without proper justification. Here are ways California police can lawfully gather and use someone’s online information.
During active criminal investigations
When police are investigating a crime, they can view public social media posts of suspects or those reporting crimes. This includes public Facebook posts, tweets or forum discussions. For example, if someone posts about drug-related activities on a public Facebook page, police can view and use this information in their investigation.
It’s important to note that accessing private data, such as direct messages or posts in closed groups, typically requires a warrant. While this can help solve drug-related and other crimes, it may also expose unrelated personal information.
With a valid search warrant specifically for online content
For private online data, police need a search warrant. This allows them to access a suspect’s or witness’s private messages, emails or posts in closed groups. To get a warrant, police must show probable cause–a good reason to believe they’ll find evidence of a crime in these private communications.
This rule helps protect your privacy by ensuring police can’t look at your private information unless they have a legitimate reason to do so.
Using undercover accounts (as a last resort)
Sometimes, police may create fake social media profiles, but only under strict rules. They use this method for serious crimes when other ways of investigating (like watching suspects or talking to witnesses) have failed. It requires requires high-level approval and regular review.
Using these fake profiles, they can interact with suspects online, join private groups or monitor closed social media circles. This allows them to gather evidence about criminal activities that might not be visible to the public or through normal investigative means.
These undercover accounts are closely monitored. They must be reviewed every 45 days to ensure they’re still necessary for the investigation. Officers must record everything they do with the account. If they need to impersonate a real person online, which is even more restricted, they need that person’s consent first. This helps protect people’s privacy and prevent misuse of this method.
Strict oversight and privacy protections
California law and courts closely watch how police use social media in investigations. They must follow specific rules to protect people’s privacy rights. Here’s how:
- Police need a good reason to view and use someone’s posts on social media, even if it’s public.
- For private information, they usually need a judge’s approval through a warrant.
- Any fake accounts used must be regularly checked and approved by higher-ups.
- Officers have to write down what they do online and why they’re doing it.
- If they find information unrelated to the crime, they can’t use it for other cases without permission.
These rules help balance solving crimes with protecting people’s privacy. They ensure police only access what they need for their investigation and nothing more. If police break these rules, courts can throw out the evidence they collect.
