Can I Be Arrested for a Facebook Post?

The short answer is yes, you can be arrested for what you post on social networking sites such as Facebook, Twitter, Instagram, and Foursquare.

There have been quite a few instances recently where Internet posts led to arrests. These arrests were not usually the results of systematic investigations by the police or the National Security Administration. Instead, arrests are usually prompted by an individual’s friends, followers, schools, or employers who report dangerous or illegal activity.

Arrests based on social networking come in many different shapes and sizes, including the blatantly provocative tweet by Wanda Podgurski: “Catch me if you can.” Ms. Podgurski was arrested and convicted for nearly $750,000 worth of fraudulent disability claims, but could not be found–that is, not until authorities eventually tracked her down based on the tweet.

Even if you try to post anonymously or to only a select group of people, you’re not always in control of who can see what you write. On Facebook, for example, there is a name policy that people must use their real names. While this does not ensure that people are being honest and using their real names, generally people trust the service and use something resembling their real name that will identify them in the real world.

When you are suspected of criminal activity, police can begin to gather evidence against you and can obtain permission or a warrant to see what you have been posting. Courts have determined that what you post online is public information and can be used against you in a court of law. Posting to only a group of friends is similar to speaking to that same group of people.

Here are some of the common ways that people have gotten arrested:

Threats of Violence

One very serious way that people have been arrested is for threatening violent activities.  Jarvis Britton was arrested for threatening the President’s life, when he tweeted, “Let’s kill the president. F.E.A.R.” The initials refer to the militia group Forever Enduring – Always Ready, which Mr. Britton was affiliated with.

By threatening violence, you could be arrested for such crimes as incitement, making terroristic threats (a felony), and inducing panic.

Cyberbullying

There have also been a number of cases where children or their parents have been arrested for Cyberbullying. Most recently, two girls were arrested for aggravated stalking after a girl they had been harassing online committed suicide. What is most horrific is that one girl plainly admitted in a Facebook post that she bullied the victim and didn’t care that she killed herself.

States have different cyberbullying-specific laws, as well as traditional harassment and stalking laws that may be used to arrest someone for online activity.

Evidence of Criminal Activities

Police can look online for evidence of criminal activity. In one case, an 18 year-old posted, “Drivin drunk…. classsic ; ) but to whoever’s vehicle i hit i am sorry. : P” which lead to his arrest after at least two of his Facebook friends reported him.

In other cases, police have seen evidence of child harassment and endangerment, illegal sales of drugs and/or weapons. Recently, the singer Rihanna posted several tweets and Instagram photos of her activities in Thailand, which has led to arrests for possession of protected animals, obscenity, and operating a venue without a permit.

Protests

In 2009, Elliot Madison was arrested for tweeting about police movements during a protest. Police argued that he was interfering with their ability to arrest people at the protest, and the charges were later dropped. Protests are a particularly sticky area of the law because free speech may be at issue, but Mr. Madison’s case shows that you may be arrested for your online activity during a protest.

Contempt of Court

Several jurors have been arrested for contempt of court when they posted information about the trial they were witnessing online. In one particularly odd case, a male juror “friended” the female defendant during trial. This is especially serious because it could lead to a retrial or overturned verdict. Because of this, lawyers may ask for your Twitter handle or Facebook URL during jury duty.

In another incident, an 18 year-old woman joked about receiving a DUI on Facebook. She was charged with contempt of court when she refused to delete the post, but apologized after serving a two-day sentence.