Can Snaps Be Evidence in Court?

How Snapchat and Other Disappearing Messaging Apps 

In today's world, where digital communication is so prevalent, questions about the use of social media content as evidence have become increasingly relevant. If you wonder whether your Snapchat messages can be used against you in a court of law, you are not alone. In this article, we discuss the use of disappearing messages, such as snaps, and how they can be used in a criminal case.

If you have been accused of a crime, contact Ridley Defense. Whether you are facing a simple misdemeanor or a serious felony, our Ventura criminal defense lawyers will protect your rights and defend you aggressively against the charges. Call (805) 208-1866 today to speak with an experienced attorney for free.

The Unique Features of Snapchat

Snapchat allows users to take a photo or video, add a caption, and send it to their family and friends. The app’s appeal lies in its disappearing nature – recipients can only view the “snap” for a short period of time before the message disappears. While some users believe their photos, videos, and messages can’t be used against them as evidence, they are mistaken.

Can Snaps Be Used in Court?

It depends. If the information is obtained legally and its authenticity is verified, snaps can sometimes be used as evidence.

That is why it is important for users to understand that Snapchat is not the evidence-destroying method of sending messages that some people might believe it is. Forensic examiners have successfully used forensics software to recover snaps, most saying that the recovery process is quite simple.

Users should also understand that Snapchat itself saves some information, including metadata of snaps – but not the content itself. The company even outlines the process that law enforcement must go through to obtain the account information of a Snapchat user. Because it is Snapchat’s policy to cooperate with law enforcement when it comes to these requests, users should know that their information and messaging history could be viewed by the police.

Challenges in Admitting Snapchat Content Into Evidence

When it comes to criminal cases and other legal proceedings, the admissibility of snaps is far from straightforward. Courts grapple with the challenge of verifying the authenticity of snaps and digital content, especially in regard to disappearing messages. Parties on both sides can challenge their admissibility, citing potential manipulation or claiming the context of the messages is being misinterpreted.

One major hurdle is the temporary nature of snaps, as they leave no tangible evidence for examination or verification. This raises critical concerns - and objections - over the preservation of evidence and the potential for tampering with the content.

What to Do If Your Snaps Are Being Used As Evidence

If snaps are part of the evidence against you, take the following steps to protect yourself.

Hire a Lawyer

If you have not yet hired an attorney, you should do so immediately. Facing any criminal offense puts your freedom and future in jeopardy. Having a lawyer to protect your rights and defend you against any accusations of wrongdoing will give you the best chance at a favorable outcome.

Challenge Authentication

Work with your attorney to analyze the authenticity of the Snapchat evidence. Question the reliability of the data as well as the custody, control, transfer, analysis, and disposition of the digital evidence.

Seek Expert Advice

Digital forensic experts can offer invaluable insight into the authenticity of digital content. Their expertise is key in challenging or supporting the admissibility of the snaps.

Explore Alternative Explanations 

Consider an alternative explanation for the content found in the snaps. Can you provide more information that could change the interpretation of the messages? Your criminal defense lawyer can help explore all angles that could help explain any misinterpretation of the snaps.

Speak with a Ventura Criminal Defense Attorney to Learn More

Facing criminal charges is a daunting experience, but understanding the role digital evidence plays in a criminal case can help in your defense. The evolving nature of technology means that establishing legal precedents is ongoing, and your attorney’s defense strategy must be adapted accordingly. Ultimately, the admissibility of snaps or other digital communication as evidence will depend on the specifics of your case and the strategies chosen by your lawyer.

If you are facing criminal charges, contact Ridley Defense. The earlier our Ventura criminal defense lawyers can take steps to protect your legal rights, the better the outcome of your case will be. In fact, our legal team is often successful in securing charge reductions and dismissals and, in many cases, preventing charges from ever being filed. Take the first step toward protecting your future. Call (805) 208-1866 to schedule a free, no-obligation case review.