Herrman & Herrman August 2018

FACEBOOK INCOURT Using Social Media as Case Evidence

Facebook is being used more often as evidence in both civil and criminal trials nationwide. If a Facebook post is public, it can usually be admitted as evidence. There are several steps that generally must be followed, however. Metadata such as IP addresses, timestamps, and URLs must be collected to verify the authenticity of a post. In other words, it must be confirmed that the posts or pictures truly belong to the individual with whom they are being associated. It must also be confirmed that the captured data provides an accurate representation of the content being admitted. Once these have been verified, there are several ways to use Facebook as evidence in court. How to Use Facebook in Court Some people are not as careful as others when posting to social media. They allow the world to see where they are or what they have to say. Revealing this information can prove harmful to an individual in a court of law — but it can also be beneficial. In some cases, people make threatening posts expressing an intention to harm or kill another person. When they are arrested on these charges, these posts may be used as evidence. If it can be verified that they made the posts, it is reasonable to believe they carried out the crimes.

Photos can prove incriminating as well. If an individual has a probation condition that requires them to avoid drugs and alcohol, photos of them consuming these items may be used against them. Someone who is not allowed to leave the state may be hurt by photos that clearly show them in a location in another state. In contrast, photos can also be used to confirm a person wasn’t present at the site of a crime of which he or she has been accused. Facebook Live Shooting Case In April 2018, a Houston woman posted a Facebook Live video of herself threatening a man with a gun. The gun was eventually fired, and the man was hit and taken to the hospital in critical condition. Cassandra Damper, the alleged shooter, was taken into police custody and the video was admitted as evidence. Although it was posted on Facebook Live, a streaming service, authorities were able to obtain a

recording of the video. There are still details to be worked out, but this type of situation is becoming more common, and we may see more Facebook videos used as evidence in a variety of court cases.

Summer Grilled Halibut

If you’re tired of grilling hamburgers at this point in the summer, try using your grill for something a little different. This easy halibut recipe is a great change of pace.

INGREDIENTS

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4 boneless, skinless halibut fillets, about 5 ounces each 1/4 cup olive oil, plus extra for drizzling

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2 pounds mixed tomatoes, sliced 1/2 cup hearts of palm, drained Basil leaves, for garnish Kosher salt and black pepper, to taste

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1 lemon

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INSTRUCTIONS

1. Lightly oil grill grates and heat grill to medium. 2. Grate 1 teaspoon lemon zest onto halibut fillets. Drizzle with olive oil and season with salt and pepper. 3. Grill halibut, turning just once, for about 5 minutes on each side.

4. In a mixing bowl, combine tomatoes, hearts of palm, juice from lemon, and oil. Season with salt and pepper. 5. Garnish salad with basil. Spoon salad over grilled halibut. Serve.

Inspired by Bon Appetit magazine

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