Can Police Access Your Social Media? | Lawyer Talk Q&A

Online Privacy and Law Enforcement Access: "We're arguing that we have a reasonable expectation of privacy when we use these platforms. If we wanted our identity out there, we wouldn't conceal it with a pen name or a handle or whatever you use, a username. And by creating these alternative names, we are telling the world we don't want everybody to have access to my true identity." - Steve Palmer

We’re living in a world where so much of our personal information is online, from Snapchat and Instagram to emails and cell phone records. I break down exactly what law enforcement has to do to get their hands on your private data.

Do they require a search warrant, or is a simple subpoena sufficient? I explain how the Fourth Amendment applies and discuss your rights regarding privacy on these digital platforms.

I share some real examples from my own legal practice and explore what the federal Stored Communications Act says about these issues. We’ll also take a look at some key Supreme Court cases that shape how this all plays out. And if you think this isn’t relevant to you just because you’re a law-abiding citizen, I’ll tell you why privacy protections should matter to everyone.

Here are my 3 key takeaways for you:

• The Stored Communications Act & Subpoenas

Law enforcement can sometimes gain access to account information (like your identity on Snapchat) with just a subpoena, not a full search warrant. This distinction is important because a subpoena is much easier to obtain than a search warrant.

• The Fourth Amendment Still Matters

The Fourth Amendment protects us from unreasonable searches, and the expectation of privacy extends to our digital lives. In many cases, courts are leaning toward requiring a search warrant (with probable cause) for authorities to access sensitive information, especially after landmark cases like Carpenter v. United States.

• Your Digital Identity Deserves Protection

There’s an ongoing legal debate: Should police need a higher standard (a search warrant) to access your hidden or pseudonymous social media identities? My answer: Yes. Protecting personal privacy—even for law-abiding citizens—is foundational, no matter how convenient the shortcut for investigators.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

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