You may have first hired a private investigator after stumbling across something suspicious on social media. A private investigator can certainly help to confirm or dispel your suspicions, they may even do so by researching further into the subject’s social media. But is evidence obtained through social media even admissible in court? Is it ethical to acquire information through this avenue?

First things first, does social media evidence hold up in court? Yes, it definitely does. Courts as a whole, agree that relevant information found on social media can be allowed in court. That being said, the information has to be relevant. It cannot simply be defamatory in nature. It has to be authentic information that is relevant to the matter at hand.

You should also be aware that claiming that a social media page is private does not deny the court access to it. Judges are of the opinion that if someone voluntarily shares information on social media, they clearly do not have a reasonable expectation for privacy. This means that any pictures, emails, tweets, texts, resume information, or comments posted on social media can potentially be used in a court of law.

On its own, these things do not in themselves prove a point. It is widely acknowledged that people say a lot of empty things online. But what social media evidence can do is support a claim and make for a stronger argument. It can be a means to further back up whatever allegations have been made against an individual.

As far as private investigators go, they are still bound by the law. They cannot illegally access online information. They cannot steal information from someone else’s phone or device. And they cannot pretend to be someone they are not in order to be accepted into a private account. But any social media information they are legally able to gather is fair game.

What's more, though, is that private investigators are more keenly interested in what people actually do, and not just what they say. Our priority here at Lobb Investigations is always to obtain surveillance evidence. So, while social media can make a case for something more convincing, it will never cancel out the need for surveillance evidence.