social media evidence Archives

A Private Investigator’s View of Social Media Intelligence

I am pleased to share with you our first guest blog post. It is written by Larry Forletta, owner of Forletta Investigative/ Security Consulting. As a former DEA agent, Larry Forletta has established many resources in the United States and abroad.

Social media investigations have changed the investigative landscape for private investigators.The forensics have been learned through a series of trial and error, utilizing some of the most popular social media platforms in order to gather essential evidence under the laws of collection. Those who work in this department are sometimes referred to as social media
vendors. However, not all social media forensics are the same and they certainly don’t produce the same results every time.

The effective use of social media has aided many investigations already. One investigation that comes to mind is an attempt to extort money from an individual involved with prostitution. By investigating through social media, the individual’s full identity (including name and base of
operations in the U.S.) was able to be identified. This investigative information was then provided to state authorities who were further able to identify the prostitution extortion individual.

It’s quite amazing what people continue to share on social media platforms. Despite the fact that there can be real consequences for what gets posted online, even if it might seem like fun and games, people continue to post sometimes incriminating and hard evidence that can be used against them. Americans spend more time using social media platforms than any other
internet activity, such as email. Most online evidence is compiled manually by an investigator who might screenshot or archive as needed. If something was sent or posted, perhaps even published, then it can be found and used accordingly.

Even when posts are deleted, they never really go away. Emails can be trashed, and accounts can be removed, yet the data and imprint of what has been put online may be able to be resurfaced with a little help. After all, a private investigator is only as good as their resources.

Our primary social media associate is eChatter, an online global source for social media researchers. They are spearheaded by their president, Kathy Doering, and specialize in a multitude of services including deep web searches and dark web searches. They are professional, communicative, and will get the answers that you need.

Social Media and its Impact on Divorce

Studies have shown a link between social media use and a decrease in people’s quality of marriage

Can you name one person in your family, or among your friends, or peers at work that does not have a Facebook account? I seriously doubt it. Chances are much greater that they all have Twitter, Instagram, and a number of other social media accounts as well.

And in today’s social media savvy world, the courtroom is no different. When divorce is involved, the question of electronic evidence, and social media evidence, in particular, comes into play in various ways. Modern relationships fall hazard to the sometimes illicit goings-on of spouses that end up publicized for the entire world to see (and “like” or comment on) on the Internet.

According to one study, “Results show that using social networking services is negatively correlated with marriage quality and happiness, and positively correlated with experiencing a troubled relationship and thinking about divorce.” Another source adds that social media “evidence can also highlight character attributes in custody arrangements, hidden assets such as boats and cars in alimony settlements, contradict oral testimonies and more.”
In many situations, focusing more on a person’s social media friends and presence can detrimentally affect a person’s real-life relationship. Some studies have shown that social media activity played a part in one out of seven divorces.

Evidence in Divorce Cases

Not only is social media a growing cause for divorce, now it is being used as evidence in divorce cases. It can be used to demonstrate infidelity, and in some states may impact the amount of alimony awarded. Social media use may also be admitted for other purposes including hiding assets. If there are pictures or statements on social media that refer to these assets, the evidence may be admitted for this purpose. Additionally, it can demonstrate that a person is unfit as a parent. It may show the parent smoking, doing drugs, or drinking alcohol around their children. It may also show the parent allowing their children to engage in risky behavior which indicates the children are not safe with the parent.

Web Preserver aggregates some startling statistical figures to drive home this point:

81% of attorneys discover social networking evidence worth presenting in court
66% of cases involving divorce employ Facebook as one of their principal evidence sources
1/3 of all legal action in divorces cases is precipitated by affairs conducted online

You can’t argue with facts. Social media is affecting relationships and being used in divorce litigation in serious and important ways.

What Evidence is Admissible?

According to one periodical, a spouse’s posts on social media platforms are admissible as evidence in the United States during divorce proceedings, given that they are not procured illegally. Also, an opposing attorney or the estranged husband or wife is not legally allowed to open false accounts with the purpose of “Friending” them in order to gain access to particular photos or posts that may be damning. Spouses are not legally permitted to come by those same posts via “hacking” or other equivalently malicious means.

So be careful what you share…posts and photos that are made public are able to be seen or inspected by anyone in the world. That material is fair game to be admitted as evidence for or against someone.

Guidelines for Social Media Usage during Divorce

Once a divorce is pending, spouses should expect that they will be under close personal scrutiny by their spouse and his or her lawyer. This is a common time for social media activity to be investigated. Individuals who are going through divorce should proceed with extra caution and assume that people who they do not actually intend to see their posts will see the posts and should proceed with this assumption. Additionally, their posts may be reposted to friends’ pages and then other people can view them. You can’t always rely on your privacy settings.

Divorcing spouses should be very mindful about what they post because anything can be taken out of context. Spouses should carefully censor what they post and avoid making any type of statement or posting any type of video or image that could be used against them. Additionally, they should ask friends and family not to post any embarrassing comments, photos or videos of them that may paint them in a negative light.

Due to the public nature of social media, it should not be used as a support system. Many online friends may not actually be that trustworthy or even close to a person and may reveal shared information to the other spouse. Spouses should avoid talking about their legal case or complaining about their spouse in such a public forum.

Conclusion

States will differ in how social media posts are admitted and employed during a divorce trial. But in most cases, posts on social networking platforms are admissible as evidence. They may prove that someone did not comply with a protective order, prove financial status through photographic evidence, affect cases involving custody of children, and much more. Being aware of how it may affect a divorce client is paramount to reaching a favorable result in the courtroom

Social Media in Court: A Look Back at Casey Anthony & Scott Peterson

I’ve often wondered what the OJ Simpson trial would have looked like had social media been a “thing” at the time – that was an extremely high profile case that would have likely blown up social media.

The two high profile cases that were “firsts” really as far as the boom of social media include the Casey Anthony case, the young woman acquitted in her toddler’s death in 2007 and Scott Peterson, who is currently on death row for the death of his wife and unborn son in 2002. Both trials stuck with me, partly because I kept tabs on both trials, especially the Casey Anthony case, where the public had full view of the search for Caylee, the videos of the conversations between family members, and the day to day trial news.

From a legal perspective, these cases are interesting for another reason – both were influenced by social media, even though it was in its infancy at the time. Thinking back to those trials and looking at how impactful social media has (and will) become in court is fascinating.

In the Casey Anthony case, the defense lawyer hired a jury consultant who monitored social media to gauge perception and, more interestingly, help the lawyer as he presented his case. After the trial was over, it came out that the trial consultant actually monitored the online conversation and encouraged Casey’s lawyer to go easier on his questioning of Casey’s father, George. The online sentiment was negative, and showed that the public felt he was being too harsh on the father. The lawyer listened and changed his game plan. According to Amy Singer, the jury consultant, “Social media was the difference between winning and losing.”

Scott Peterson’s case was a bit different. Social media was still very new, and wasn’t likely used as it was in the Casey Anthony trial. However, on recently watching a show that recapped this case, it came out that there is an appeal set to expire at the end of the year. One of the reasons for the appeal? A juror may have lied during voir dire, which they can claim compromised the trial. If the appeal holds, it will be a major event. Personally, I don’t think it will be an issue, but stranger things have happened. Imagine if social media monitoring were prominent back then – this may have been easily uncovered and given the defense one less reason to try to appeal.

So, how has social media evolved since then?

There is a wealth of information that can be taken from social media, and it is being used more and more by investigators, lawyers, and jury consultants. I’d still consider it in its infancy, but I fully expect this will be commonplace across the board in the next three to five years.

In case you’re having a hard time keeping up, here are some ways social media is being used in the legal industry:

Social media background checks/investigations: used as a source of supporting information, there are now pretty in depth social media background checks available to lawyers and investigators. The name is slightly misleading though – while some providers do only focus on social media, most are starting to provide a variety of content from all public facing online sources. These can be used for a lawyer’s client, a defendant or plaintiff, or anyone tied to a case.

Voir dire: In the Scott Peterson case, having a way to run quick online checks during the jury selection process may have uncovered the juror’s past and immediately made her ineligible to serve as a juror. Some states allow for a list of potential jurors to be available prior to voir dire, and others do not. In either case, social media/online research services are available for this purpose.

Jury monitoring: Keeping jurors from posting to online sites during a trial can be a tricky process. They are given the instructions at the onset of the trial, but how can you ensure they are adhering to it? Using social media monitoring of the individuals sitting on the jury can be beneficial, as can geolocating monitoring. Put a fence around the courthouse, a hotel if the jury is sequestered, and and monitor online content being posted throughout the trial.

Witness/evidence content for trial: People now serve as novice journalists – how often do we see a situation unfold and it’s followed by several witness accounts, posts, and videos? This can be cruical information for a trial or case. By utilizing a service that will scan for mentions of the incident as well as location based monitoring that can go back to a recent time when the incident happened, it may allow lawyers and investigators to find & identify witnesses or obtain details/video that will help immensely.

This is still a new technology as far as the legal/investigative industry is concerned, and the “rules of the game” are still being defined and made into law. However, this cannot be overlooked – the content that you may uncover can be the one thing to help win your case.