Authentication of Digital Communications Chart
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in several blogs: How Can a Party Show Authorship of a […]
May 1, 2023
Authenticating Photographs Obtained from Social Media Platforms
In my last post, I wrote about how a party might authenticate a Facebook direct message or other text-based electronic communication. That post focused on how the proponent of the […]
April 17, 2023
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, […]
May 4, 2021
Online Impersonation
[poll id=”26″] If you haven’t, Catfish is a TV show that uncovers stories of online romantic relationships in which one person is involved with (and has usually sent money to) […]
March 10, 2021
Business Records: Posts, Chats, and Texts
Several prior posts on this blog have addressed authenticating and admitting digital evidence like social media posts and text messages (see here, here, here, and here) and we’ve also previously […]
December 8, 2020
New Guidance on Authenticating Social Media
Nearly half of the 7.7 billion people in the world are on social media, and each of those users has an average of 8 different accounts. The rate is even […]
October 11, 2017
State v. Thompson Tells a Tale of Two Facebook Screenshots
After Roshawn Thompson picked up his cousin Kendall Rascoe from the Greenville mall in November 2014, Thompson and a friend, Andre Grey, robbed Rascoe at gunpoint. At Thompson’s armed robbery […]
May 17, 2016
May an Officer Assume a False Identity Online in Order to “Friend” a Suspect?
Officers are allowed to misrepresent their identities in the course of their investigations: they may pose as drug buyers, or prostitutes, or members of an organized crime syndicate. Is the […]
March 7, 2016
Court of Appeals Upholds Admissibility of Social Media Evidence Based on Circumstantial Evidence of Authenticity
The court of appeals recently decided State v. Ford, a case about the authentication of social media evidence. This is the first North Carolina appellate case to give careful consideration […]
February 16, 2016
Legal Ethics and Social Media
The number of lawyers using Facebook, Twitter, LinkedIn and other social media networks grows daily. So too does the number of lawyers doing foolish and unethical things on those networks. […]
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