Law Forum : Admissible In Court?

Discussion in 'Law Forum - Prisons - Gun Ownership' started by legit-writer, Sep 2, 2013.

  1. legit-writer

    legit-writer Well-Known Member MEMBER

    United States
    Dec 12, 2002
    Likes Received:
    I want you to focus specifically this week on how technology has changed (and will continue to change) the way we gather evidence. For example, 30 years ago, if you wanted to find 'off the record' surveillance pictures of someone, you had to hire a private investigator, spend days tracking them down, spend more days hoping they would do something worth photographing, then develop the film, etc, etc. Maybe you get 2 photos of useful information out of a month of surveillance.
    Fast forward to today. No need for a PI, because the subject is creating the evidence herself. Think about it. You have a plaintiff claiming to have a seriously injured back due to a car accident. She can't work, has to go to the chiropractor 4 times per week, can't pick up her kids, can't enjoy running like she used to. Wants hundreds of thousands of dollars because of her injury.
    Now imagine that same girl is tweeting about how much fun she had on labor day at the lake riding the jet-ski. And how nice it is to have a day off so she can go mountain bike with her friends. And then she posts some pictures on Facebook that show her playing in a bounce house holding her kids ... pretty strong evidence that she might not be as hurt as she claims!
    Now, 30 years ago, you'd have to know she was going to the lake, and when, and where. You'd have to be on the lake with a camera and catch her in the act. Then you'd have to follow her to the mountainbike trails and ride around taking pictures with a big camera on the trails. Then follow her to her son's friends birthday party and take pictures of her and her kids (without looking like a pervert and getting sent to jail!!!!)
    So the question for you is ... should that evidence be admissible, and if so, how should it be collected by the other side? Twitter is easy, you can just give away your handle, and it's accessible. Facebook ... should you have to give away your passwords? How about cell phone photos and video that you didn't post, but you took of the same activities. Should that be able to be collected, or do you believe we still enjoy a right to privacy to those types of things?
  2. baller

    baller Well-Known Member MEMBER

    Jan 28, 2001
    Likes Received:
    the near north
    generally, fraud isn't as hard to prove as we may think. when we make a claim, then act contrary to that claim, our actions speak for themselves...and can be used against us in court. when we post pictures of those actions on the worldwide web, we give up some of our expectations of privacy because we freely surrendered them to the public. just like, when we receive mail it's considered our private business. however, if we throw that mail into the garbage and throw it in a public dumpster, it's no longer private...and what's found in a public dumpster can be used against you...and is admissible in court. we need to understand this new technology...and how it can be used against us. we put our lives on such social media as Facebook, then cry when it's used against us--when we're fired from our jobs, etc.

    if you admit to a crime on the internet, would it surprise you if you ended up in court? of course, there must be supporting evidence for a conviction but all investigations start with an accusation.