Florida probation officers do have the legal right to monitor social media. In fact, virtually anyone can legally monitor your social media accounts merely by pulling up your Facebook page, Twitter feed, or other public social media accounts.
One of the most extraordinary features of modern social media is the almost universal willingness of people to share so many private experiences with the world. By posting a comment, a photo, or another entry on social media, the publication of the post is making it accessible to everyone. Even members of private groups are free to share posts they receive with others outside of the group.
At Stechschulte Nell, Attorneys at Law in Tampa, we believe every person should understand the risks as well as the benefits of using social media. While many people enjoy the sense of community and support they experience with social media, using the platforms also surrenders a great deal of privacy.
To protect yourself from mistakenly sharing data with others that you should keep private, you must understand how probation officers and other law enforcement agencies have full access to all your public social media.
Why Can Probation Officers Monitor Social Media?
Probation and law enforcement officers can monitor your social media because the law protects only places and things in which you have a “reasonable expectation of privacy” from unreasonable searches. The police do not need a warrant to read and continually monitor a public social media account.
The Fourth Amendment of the US Constitution and Article 1, Section 12 of the Constitution of the State of Florida prohibit the government from conducting unreasonable searches and seizures. Florida explicitly prohibits the “unreasonable interception of private communications.”
Florida Constitution Art. 1, § 12.
Social media is almost by definition not “private” communication.
When you post a comment or a photograph on your Facebook page, you expect it to be seen by many people, at least all your Facebook friends. If the page is public, everyone, including federal, state, and local police are free to peruse every entry you post.
And because of the propensity of social media users to share so much information on their chosen platforms, every law enforcement agency operating anywhere in the world today turns to social media to investigate people who may be involved in ongoing cases.
Why Do Probation Officers Monitor Social Media?
Police and probation officers have learned that social media can be a treasure trove of evidence for use in probation violation hearings and criminal prosecutions.
Let’s look at what a Florida probation officer could find by monitoring their probationer’s social media accounts.
Probation conditions typically prohibit the probationer from knowingly associating with persons involved in criminal behavior or with convicted felons.
- Posting a selfie of you with your arm around a dear friend, who happens to be a convicted felon.
- Posting a photo of you next to your friend who is doing a line of cocaine.
Probation conditions prohibit the person from committing any crimes.
- Convicted felons may not legally possess a firearm. Facebook photos may show the probationer posing with a gun in their hand. You may be surprised how many probationers post selfies of themselves holding guns in a mirror.
- Probationer post selfies in which they are holding wads of cash or an item that can be identified as stolen property. The cash can be an indication that the probationer is involved in illegal activity.
Admission of Probation Violations
- Many probationers are prohibited from using any alcohol or illegal drugs as a condition of probation. Many posts appear on social media accounts where the poster admits how drunk they were the previous night. Others post photos of themselves holding or drinking alcohol.
- Probationers post photos or admissions that they were outside of the state when their probation prohibits them from leaving the jurisdiction without their probation officer’s permission.
- Probationers post messages and communicate on social media with people they were court-ordered not to contact. The person may be a victim of the probationer’s domestic violence or the victim of another crime the probationer was charged with committing.
- When probationers are restrained from contacting domestic partners or family members in domestic violence cases, they often turn to social media to communicate with the person. The communication can itself violate the restraining order (a new crime), or it could include threats or harassment that escalate the offense.
Fake Friends Are Legal
Did you know that law enforcement and probation officers can ask to “friend” you on Facebook under a fake username? Because you are free to decline any friend request, it is not unlawful for the police or probation officers to become your Facebook friend without identifying themselves.
And because people on Facebook like to increase their number of friends, they often accept a friend request even if they don’t recognize the person’s name.
Be Very Careful When Using Social Media, Especially If You Are on Probation
A good policy for everyone using social media is to assume that probation officers, police, and prosecutors are reading every word and photo you post. If you are living under conditions of probation that restrict your activities, your alcohol consumption, your travel, and your associations think very hard before posting anything on social media.
If you have violated your probation and need experienced criminal defense, reach out to our attorneys at Stechschulte Nell Law at 813-280-1244 for a case review today.
