Social media evidence being used in court

Last week when Rachel Wade was convicted of second-degree murder in the stabbing death of Sarah Ludemann, evidence was used from social networking websites.

Perhaps it’s a sign of the times that MySpace and Facebook messages, photos, and status updates are being used against people in court.

Tweets on Twitter are even being used to lock up defendants.

Ryan Rooth, with the Rooth Law Group in St. Petersburg, said he uses social networking messages in court if they will prove a motive.

"If there's a sense of postings that shows dislike toward a person, or in the case of Rachel Wade, when there's a comment she would kill the other person,” said Rooth. “It can be used against her to show not only motive, but also they had an intent to commit a crime."

Prosecutors in the Wade case said she sent Ludemann several nasty Facebook messages threatening her life.

Ultimately, she did.

In the past, Rooth said he has even used MySpace messages to prove that one of his clients was innocent.

"I used it as a defense tool to show that a victim of a particular battery charge was lying and it proved to be very successful," said Rooth.

What people may not realize is that there’s an online electronic trail following them every click of the way.

"Common sense is key,” said Rooth. “Don't put anything online that you'll be embarrassed of."

Attorneys need a subpoena or a court order to access an individual’s computer.

If police and law enforcement agencies have probable cause, they can search computers without those two items.