Criminal,
California Supreme Court
Jun. 14, 2018
State high court weighs access to social media posts
A murder defendant subpoenas social media posts by the victim and a prosecution witness to show that the victim had threatened the defendant and that the witness had a motivation to lie.
Donald M. Falk
Partner
Schaerr Jaffe LLP
Phone: (415) 562-4942
Fax: (650) 331-4530
Email: dfalk@schaerr-jaffe.com
UC Berkeley Boalt Hall
Donald is a partner in the firm's Supreme Court and appellate practice. He is based in Palo Alto.
A murder defendant subpoenas social media posts by the victim and a prosecution witness to show that the victim had threatened the defendant and that the witness had a motivation to lie. But the federal Stored Communications Act says that the social media provider can't disclose stored electronic communications -- which everyone agrees include posts on social media platforms -- unless the user consents, or a law enforcement agency serves a search warrant through other...
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