For some people, especially minors or young adults, social media posts, direct messages and text conversations are created reflexively, without much thought about how these digital records might be viewed in the future by people outside their friend group.

Photos from a party, messages sent during a heated exchange or group chat discussions between friends can take on new significance if they become evidence in a criminal case or civil dispute. In Minnesota courts, this kind of digital content is increasingly used as evidence in both types of cases.

How Courts Evaluate Social Media Evidence

Minnesota courts do not automatically assume screenshots or messages are reliable evidence. Before social media evidence can be used, judges typically consider whether it can be tied to a specific person, appears authentic and is relevant to the issues in the case.

Authentication is often a key question. This may involve testimony about who controls an account, how a message was received or whether metadata or surrounding communications support its accuracy. A screenshot alone is rarely enough without context explaining where it came from and how it was preserved.

Relevance also matters. Courts focus on whether a post or message helps prove or disprove a claim rather than whether it is embarrassing or controversial.

Doing or saying embarrassing or regretful things is not illegal, and a screenshot or short-form video showing possible illegal behavior is not always enough on its own to support criminal charges.

Posts Showing Illegal or Risky Behavior

One common scenario involves photos or videos posted after a party or night out. For example, social media content may appear to show someone using illegal drugs, engaging in excessive drinking or participating in other unlawful activity during a New Year’s Eve party. These posts may be shared by the person involved or tagged by friends, sometimes without the person’s knowledge.

The legal impact of that content depends on how it is used. For example:

• A person shown using cocaine in a photo generally cannot be charged with possession based solely on an old image, particularly when there is no physical evidence or corroboration.
  
  
• An employer may rely on social media posts when deciding whether out-of-work conduct violates workplace policies or affects an employee’s credibility or ability to perform their job.
  
  
• In custody or parenting time disputes, courts may consider social media posts when evaluating judgment, stability or credibility.
  
  
• In a criminal case, the same image may carry greater weight if it contradicts prior statements or testimony, such as a previous claim that the person was not present at the event where the photo was taken.

Criminal Cases and Social Media Evidence

In criminal cases, social media posts and DMs may be used to support charges such as drug possession, harassment, threats or disorderly conduct. Messages sent during arguments or posts made after an incident can sometimes be cited as evidence of intent, state of mind or involvement.

That said, social media content rarely stands on its own. Prosecutors typically use it alongside other evidence, such as witness statements or physical evidence.

Deleted posts may still surface through screenshots or account records, although their reliability can be challenged depending on how they were obtained. Deliberately deleting or altering digital content to prevent its use in a legal proceeding can raise separate legal issues, particularly if a person attempts to wipe digital evidence after learning they are part of an investigation.

Context and Explanation Still Matter

Although social media evidence can be influential, courts recognize that posts can be misleading. Images may lack context, messages may be sarcastic or exaggerated and tagged content may not reflect a person’s actual behavior.

Judges often consider whether there is supporting information that clarifies what the content shows and why it matters. A single post is rarely decisive on its own, but patterns of behavior reflected across messages or posts may carry more weight.

Social Media Evidence, Text Messages and DMs Can Sometimes Be Challenged

A single misguided post or message during a moment of inhibition can have far-reaching consequences on a person’s personal, family or professional life. However, this kind of digital evidence is not infallible.

In many cases, attorneys focus on whether social media evidence was properly collected, whether it can be reliably tied to a specific person or account and whether it is being presented without necessary context that could change its meaning or significance.

If you have questions about how social media posts or messages may affect a legal matter, a Minnesota Lawyer Referral and Information Service (MNLRIS) referral counselor can help connect you with a qualified local attorney.

Fill out our self-referral form or call (612) 752-6699 to speak with a referral counselor.