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Immigration Law & Property Damage Law | The Law Office of Nicole Rofé
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Are Cops Using Social Media to Spy on You?

As you may know, the Fourth Amendment prohibits the government from unreasonable searches and seizures. The core principle behind the fourth amendment is that the government, the police, may only invade a person’s private space – their “persons, houses, papers, and effects” –after the police prove to a judge that the person is up to no good and issues a warrant. But with technological developments, the police may no longer need to convince a judge that a warrant is needed. Rather, the police only need the person whose privacy the police are trying to invade use social media.

Smartphones, apps, and all other recent technological advances have seriously undermined this core constitutional protection against overzealous government agents. How? Let me give you an example. Do you use the Facebook app on your smartphone? Do you use the Facebook Messenger app on your smartphone? If so, then you have agreed to these shocking Terms of Service:

  • Facebook is allowed to hack into your phone’s microphone and record audio at any time without your permission.
  • Facebook is authorized to take videos and pictures using the phone’s camera at any time without permission.
  • Facebook is authorized to call numbers in your contacts without your permission.
  • Facebook may read your phone’s call log and read data about contacts stored on your phone, including the frequency with which you’ve called, emailed or communicated in other ways with specific individuals.

The vast majority of us have agreed to these terms without even reading them. It might make you wonder…Why does Facebook need this unprecedented access into your private life? What are they doing with this information? Who is Facebook sharing your information with?

As a defense attorney, it is my duty to make sure my clients’ rights are not violated, and zealously fight for those who have been accused of “breaking the law.” Current times have this more difficult for citizens, but easier for the government. If you have been accused of committing a crime, there might be violations of your constitutional rights that could help your case and I am here to help. Call us today for a thorough case evaluation.