Tag: social media
  • How Can a Party Show Authorship of a Social Media Post or Other Electronic Communication?

    Suppose that a defendant is charged with possessing fentanyl with the intent to sell it. The state’s evidence includes a Facebook direct message, purportedly from the defendant to an informant, saying “just got some China Girl, you want any?” An officer took a photograph of the direct message as it appeared on the informant’s smartphone, and everyone is satisfied that the photograph fairly and accurately depicts the message. But the defendant objects to the introduction of the message on the grounds that there’s no way to be sure that he wrote it. How might the state respond?

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  • What’s Social Media Got to Do with It?

    Every year when I convene North Carolina criminal defense investigators to plan their sessions for the annual spring public defender conference, I look forward to hearing about new ideas for sessions to include at the conference.  They repeatedly request social media topics. The light bulb did not come on for me until I attended the 2017 National Defender Investigator Conference in April. After three full days of plenary and breakout sessions, I realized that social media and the internet are essential training topics.

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