The Legal Risks of Social Media During a Criminal Investigation

Law enforcement agencies across Pennsylvania, including in Philadelphia, routinely monitor social media platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) as part of criminal investigations. Even private posts may be accessible through subpoenas or other legal tools.

Here’s what you need to know about the legal risks of social media during a criminal investigation—and how to protect yourself.

Social Media Posts Can Be Used as Evidence

Many people assume that what they post online isn’t “real” evidence. In reality, prosecutors regularly use social media in court. Your posts, messages, comments, photos, and videos can all be used against you.

Examples include:

• Photos of drugs, weapons, or large amounts of cash

• Videos of fights, vandalism, or reckless behavior

• Messages discussing crimes (even as a joke)

• “Checking in” to locations that contradict your alibi

• Posts that threaten or harass others

• Deleting posts, which may be seen as destroying evidence

Even if the content seems harmless or humorous to you, it can be twisted in court to show intent, opportunity, or guilt.

Private Doesn’t Mean Safe

You might think that a private account or disappearing messages (like those on Snapchat or Instagram Stories) protect you. Unfortunately, that’s not always true.

Law enforcement can obtain:

• Screenshots taken by others

• Search warrants for social media accounts

• Subpoenas to access private messages

• Digital evidence from cloud backups or synced devices

In Pennsylvania, once a judge approves a warrant or subpoena, platforms like Meta (Facebook, Instagram) and Google can be forced to turn over data.

What If Someone Else Tags You or Posts About You?

Even if you don’t post anything yourself, you can still be implicated by others’ posts. For example:

• A friend tags you in a party photo where illegal activity is visible

• Someone “goes live” during an incident you were involved in

• A group chat discusses a plan or crime and includes your name

These posts can raise red flags for law enforcement—and be used to open or support an investigation.

Deleting Posts Could Backfire

Once you become aware that you’re under investigation or have been charged, deleting social media content could be considered obstruction of justice. This is especially true in federal cases or serious felonies.

Instead of deleting or tampering with online content, speak to a criminal defense attorney immediately. Your lawyer can advise you on what to do—and what not to do—to avoid making your situation worse.

How a Criminal Defense Attorney Can Help

If you believe your social media activity is being scrutinized or has been used against you, don’t face the situation alone. A skilled criminal defense attorney can:

• Evaluate whether your posts were legally obtained

• Challenge improper search warrants or subpoenas

• Prevent prosecutors from taking posts out of context

• Advise you on how to handle your accounts moving forward

• Help prepare you for questions about your online activity

The earlier you seek legal help, the more options you may have to limit the damage.

Tips to Protect Yourself on Social Media During an Investigation

✅ Stop posting immediately if you're involved in or connected to a criminal matter
✅ Set all accounts to private, but don’t delete anything
✅ Avoid commenting on news stories, especially ones related to your case
✅ Don’t discuss your case with friends online or in private messages
✅ Never joke about or reference illegal behavior
✅ Consult your attorney before changing or removing any content

Remember: prosecutors and police don’t need a warrant to look at public posts—and once something is online, it can be permanent.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you're under investigation or facing criminal charges in Philadelphia, don’t let your social media become a weapon against you. With over 30 years of experience, Mark D. Hauser knows how prosecutors build digital evidence—and how to fight back.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.