Online networking sites like Facebook and MySpace can be great ways to find old friends and keep up to date with new ones. However, many people who use these websites do not realize that law enforcement may be watching. In fact, police departments in the St. Petersburg and Clearwater area are increasingly beginning to rely on the information posted on these websites as effective aides to ongoing investigations. Below are some recent examples of how not being discreet with your online postings can get you arrested.
The Serial Cat Killer
According to the Miami Herald, police were able to track down a suspect accused of mutilating more than a dozen cats through statements he apparently made on Facebook and MySpace. Although Miami police did not specify what these statements were, they did tell the Herald that they used the online networking sites to track the 18 year-old for weeks. For more on the story see: Suspect Arrested in cat killings.
The Pinellas County Fugitive
In a story recently reported by the St. Petersburg Times, police were only able to apprehend an alleged drug trafficker who fled to England after a determined Pinellas prosecutor tracked the Gulfport suspect down on MySpace. The prosecutor, a former Army Special Forces member trained in finding people, began his investigation by setting up phony profiles on MySpace and periodically checking the MySpace pages of people who he knew to be friends of the fleeing suspect. After several of the friends left suspicious messages on each other’s “walls” about a man they called “Neo,” the prosecutor tirelessly searched MySpace for a “Neo” that fit his defendant’s description. Sure enough, after two years of searching, the prosecutor discovered a MySpace profile for a man who called himself “Neo” but was clearly the fugitive for which the prosecutor had been searching. London police then arrested the suspect and returned him to Pinellas County where he now faces up to 105 years in prison. See: Internet Trail Trips Up Fugitive.
Teenage Thieves Pose for Pictures with ill-gotten Gains
Hillsborough police found suspects of a robbery In the Apollo Beach area through MySpace. The teenage suspects posed for photos with stolen laptops, televisions and firearms. They posted those pictures to their MySpace pages, which led investigators right to their door. The seven men await charges ranging from burglary to grand theft of the 3rd degree. See: Teenage thieves post stolen items on MySpace.
The Thief with Foolish Friends
In another Tampa Bay case, a detective was able to track down an alleged thief who stole expensive jewelry when the detective reviewed a suspect’s MySpace page. After looking at the page, the detective followed a link to one of the suspect’s friend’s pages only to find pictures of the friend wearing the very jewelry that had been reported stolen. Police were able to recover the jewelry and thereafter arrest the thief who had inadvertently left his guard down by merely linking his MySpace page to a friend he had given the jewelry. See: MySpace Page Leads to Arrest
Be Careful What You Post - It May Come Back to Haunt You
As online networking sites solidify themselves as popular means of self-expression and communication in today’s society, law enforcement agencies continue to find ways to use them in their investigations. However, it is important to note that online evidence is not gathered only in the pre-arrest investigation stage of a criminal case. Persons already charged with a crime should be aware that the information they post online after their arrest can also be used against them. See: Avoiding Post Arrest Publicity.
Online information posted after your arrest can be used against you in a variety of ways:
- The state may be able to use information you post online as "additional evidence" that they lacked at the time of your arrest. This bonus evidence is used to bolster their case and increase their chances to secure a conviction;
- The state will use your reckless online comments as an "admission of your guilt."
- The state may use virtual evidence in an effort to convince the court to impose a harsher sentence. For example, introducing damaging online postings during a sentencing hearing that suggest you have no remorse over your illegal conduct.
In other words, if you have been charged with a crime in the St. Petersburg/Clearwater area, you should stay away from the Internet and instruct your friends and allies to do the same.
Mounting a Defense to Already Posted Online Information
If information about your Pinellas County case has already been posted online and subsequently discovered by the Pinellas County State Attorney's Office, you should have experienced St. Petersburg / Clearwater Criminal Defense Attorney carefully review this evidence. For example:
- We would analyze the manner in which law enforcement gathered the online information to determine whether the state collected the evidence unlawfully. If the state gathered online information contrary to Fourth Amendment protections, we can seek to have the evidence suppressed.
- It could be difficult for the state to prove exactly who made the alleged statement or admission online. We may be able to argue that it was not you who made the statements, but rather some other person.
- It can sometimes be difficult for the prosecutor to prove the meaning of virtual statements. Because it is impossible to see someone’s body language and hear their tone of voice when conversing online, it may be challenging to interpret the true intent behind their statements. Take a recent case out of Port Orange, for example. According to Fox35 News, when a defendant was charged with violation of probation by making illegal statements to a minor on Facebook, her attorney was able to convince the judge that the defendant’s online conversation was completely innocent. In other words, we may be able to argue that your allegedly incriminating statements were taken out of context or should be interpreted in a different way.
If you have been charged with a criminal offense in the St. Petersburg or Clearwater area, our law office can help. See: Our Track Record
The following links may be of assistance in addressing some of your immediate concerns:
Avoiding Conviction - Withhold of Adjudication
Avoiding Jail - Alternatives to straight jail time
Probation - A Second Chance
The Best Outcome - Getting Your charge Dismissed
Fugitives - How to Handle an Outstanding Arrest Warrant
Scrubbing Your Record - Sealing or Expunging Your Records
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