Federal Action Renews Privacy Questions

 Posted on October 29, 2014 in Criminal Defense

An recent report discussed federal action in a drug case involving the use of a fake social media account seemingly belonging to a criminal defendant who had been charged with numerous drug crimes. Allegedly, a Drug Enforcement Administration (DEA) agent set up a false account using photos and other personal information taken from a criminal defendant’s cell phone in order to get others to reveal incriminating information. Although the Justice Department is purportedly reviewing the case, a federal lawsuit ensued and the case was set to be heard in a New York Court in mid-October, but may now be mediated.

Privacy Considerations

This case is just one example of the privacy concerns that have been raised in different states across the country – including Illinois – specifically regarding the protection of privacy in light of developing technology. The law is clearly struggling to keep up with the changing world of social media, cell phones, and other technological developments. While the use of some of these technologies may be acceptable and legal within the context of a criminal investigation, it seems the line can easily be crossed into raising important privacy issues that both courts and law enforcement may find difficult to address.

Legal experts, too, seem to be struggling with the privacy in the age of evolving technology issue. Many of the rules of law regarding privacy protections are severely outdated compared to the technologies that are readily available to average members of the public in today’s society. The problem arises when trying to make new technologies fit these older rules. These technological advancements are prompting those in the legal field to question how they see items such as a phone and social media profiles.

Case at Hand

The case at hand presents an interesting set of facts for the court to consider in making a decision, if it comes to that. While law enforcement officials may routinely set up false social media accounts and profiles in their investigations, this case reportedly involves an agent using another person’s identity and information to do so without her consent. In addition, the defendant is arguing that she cooperated with law enforcement by turning her cell phone over, but not with the understanding that they would use the information they obtained in a different context other than looking for evidence of a crime.

Criminal Defense Attorney

Issues with police procedure can arise in any type of criminal case. It is important to enlist the representation of an attorney who can identify legal issues in your case and advocate for your rights. The dedicated Rolling Meadows defense attorneys at the Law Offices of Christopher M. Cosley have successful experience representing clients in many types of criminal matters. Please contact us today to schedule a consultation to discuss your case.