Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

By Eric Marcy |   Dec. 27, 2016

            Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated.   Social media postings may now be authenticated as any other “writing” under New Jersey Rule of Evidence 901.  Despite the ease in which digital media may be manipulated, the court rejected an argument for a higher standard for authentication.  The court confirmed that a combination of circumstantial factors related to the posting, such as context, prior communications, expressing specific knowledge of an event/issue, profile information, and photographs may establish sufficient authentication.  Social media has become a rich source of information for litigation and authentication is possible through direct proof, circumstantial evidence, contents/knowledge, reply and other miscellaneous methods of establishing reliability as any other form of writing.

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Topics : Criminal Law, Evidence, Social Media, twitter evidence, evidence spoliation, Investigations, Authentication | 0 Comments Read More

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