Arrested? How Social Media Can Be Used as Evidence

Marisol Quijano Buckley
3 minutes ago
3 min read

By The Law Offices of Sean Buckley | Criminal Defense Attorneys Serving Mississippi

In today’s digital world, your phone can say more about you than your own words in court. If you’ve been arrested or are under investigation in South Mississippi, what you post online — even casually — could become evidence used against you. From Facebook photos to TikTok videos, prosecutors are increasingly turning to social media to build their case.

📱Yes, Your Social Media Can Be Used Against You!

Social media posts are often considered public statements — even if your profile is set to private. Law enforcement and prosecutors can obtain warrants or subpoenas to access your account data. They may also find posts through tagged content, public comments, or screenshots provided by others.

Examples of how your posts can be used in court:

Bragging about drinking before a DUI arrest.
Posting with weapons connected to a violent crime.
Joking about illegal behavior that matches an ongoing investigation.
Being tagged at locations that contradict your alibi.

⚖️ Mississippi Courts & Admissibility of Social Media Evidence

In Mississippi criminal courts, digital evidence must meet basic standards: it has to be relevant, authentic, and not overly prejudicial. But in reality, proving a post is “yours” is often easier than people think. Photos, time stamps, location tags, and even writing style can tie an account to a person.

Mississippi Rules of Evidence (§ 901) allow:

Posts from verified accounts or those linked by phone/email.
Metadata and IP addresses linking content to a user.
Witness testimony verifying account ownership or context.

🧠 Think Before You Post — Or Don’t Post at All

If you’re facing criminal charges, or even just being questioned, the best thing you can do is stay off social media. Anything you say or share online can be twisted or taken out of context and definitely used against you.