How Social Media Can Be Used in Michigan Criminal Cases

In Michigan, prosecutors can—and often do—use content from social media as evidence in criminal proceedings. That includes photos, videos, comments, messages, and location check-ins. Even content you think is deleted or private can sometimes be retrieved and submitted as evidence.

Examples of Social Media Evidence

• Photos and Videos: Posting a video of yourself holding a firework while drinking could become evidence in an OWI (Operating While Intoxicated) investigation.
• Location Tags: Tagging yourself at a downtown Plymouth bar just hours before an alleged incident could place you at the scene.
• Direct Messages: Even private messages can be subpoenaed and reviewed if they are relevant to a criminal case.

In Michigan courts, evidence must be authenticated and relevant to be admissible. But as long as those conditions are met, your social media content can be introduced as proof of actions, intent, location, relationships, and even state of mind.

The Dangers of Self-Incrimination During Holiday Celebrations

July 4th is one of the busiest weekends for law enforcement across Michigan, especially when it comes to OWI, minor in possession, disorderly conduct, and fireworks-related violations. Posting about underage drinking, unsafe driving, or illegal fireworks can give prosecutors the kind of ammunition they dream of in court.

Case Example: Underage Drinking in Michigan

Imagine you're 20 years old and post an Instagram story taking a shot at a house party in Livonia. A few days later, you’re pulled over and issued a ticket for Minor in Possession. The prosecutor finds your story publicly available and uses it as evidence that you were not only drinking, but knowingly doing so in violation of the law. That post could potentially be used to convict you, even if you're arguing you weren't drinking at the time of your arrest.

Driving-Related Posts

Maybe you were the designated driver for the night and someone posted a video of you yelling "totally sober!" while aggressively pulling out of a parking lot. That could be used to challenge your credibility if you later claim you only drank after arriving safely home—or if you're facing a reckless driving charge and the prosecutor wants to prove you were driving carelessly.

Michigan Rules on Admissibility of Electronic and Digital Evidence

Michigan courts operate under rules that allow electronic evidence, such as social media posts, to be admitted under certain conditions. The key requirements include:

• Authentication: The party presenting the evidence must demonstrate that the post is what it claims to be—that is, it came from your account and wasn’t fabricated.
• Relevance: The post must be relevant to the charges, meaning it makes a fact of the case more or less probable than without the evidence.
• Hearsay exceptions: If your post includes statements, it may be admitted as an admission by a party-opponent, which is an exception to hearsay rules.

Courts in Michigan have consistently ruled in favor of admitting social media content when these conditions are satisfied. In some cases, digital forensics experts may be used to retrieve deleted content or verify who used the account.

Charges Most Commonly Affected by Social Media Evidence in Michigan

Not every type of case is impacted by social media, but some charges come up again and again when it comes to incriminating posts. These include:

• OWI/OUIL: Posts showing alcohol consumption, drug use, or even driving behavior may support charges of Operating While Intoxicated (OWI) or Operating Under the Influence of Liquor (OUIL).
• Minor in Possession: A simple photo with a beer in your hand could result in criminal charges for underage possession of alcohol.
• Reckless Driving: Videos of high-speed driving or fireworks being set off in dangerously close areas can substantiate reckless behavior allegations.
• Disorderly Conduct: Posts showing fights, intoxicated behavior, or loud parties may open the door for disorderly conduct charges under Michigan Compiled Laws 750.167.
• Weapons Offenses: Posting photos of yourself with a firearm while drinking or during a party could lead to charges for illegal gun possession or violating CCW laws.

In all of these cases, prosecutors may use content posted before, during, or even after the incident in question to build or strengthen their case.

The Myth of Safe Deletion and Privacy Settings

Many people mistakenly believe that setting their profile to "private" or deleting a questionable post means it can’t be used in court. Unfortunately, that’s not how Michigan law works. Even deleted posts can often be recovered through data requests, subpoenas, or screenshots taken by someone else. Once content is online—even briefly—it can live forever.

Snapchat Doesn’t Keep You Safe

Some think apps like Snapchat or Instagram Stories disappear automatically after 24 hours. While that might be true for casual viewers, police departments in Michigan have trained officers in cyber investigation techniques—and your friends can always screen-record or take pictures.

Your Right to Remain Silent Applies to Social Media, Too

Most people know they have the right to remain silent when talking to police, but that right extends to your behavior online. Posts that seem innocent, entertaining, or even sarcastic can become admissions, especially when viewed through the lens of a criminal case. Resist the urge to post anything about the incident, your case, your charges, or even vague references that might imply guilt or mock the legal system.

Even Jokes Can Hurt

Commenting “I really lit it up last night 😎💥” under a photo of fireworks while you were allegedly handling explosives without a permit could be seen as admitting to illegal activity. The context of jokes doesn’t always translate well in criminal court, especially when prosecutors are looking for anything that can help their case.

What You Should Do If You’ve Posted Something Problematic

If you believe you’ve posted something that could hurt your case, the most important step is to talk to an experienced Michigan criminal defense lawyer—not go back online to explain or delete it. Engaging with the post can make the situation worse and could even be seen as attempting to hide evidence.

• Don’t discuss your case online – not openly, not anonymously, and not through “vaguebooking.”
• Review your accounts: Ask your attorney whether you should restrict who can view your posts or take your profile offline temporarily.
• Preserve everything: Deleting content could create issues around the destruction of potential evidence. Let your attorney handle the strategy.

If you’re unsure about what you’ve posted or how it might affect your charges, contact a criminal defense attorney in Michigan right away. We can help you understand how to limit potential damage and defend your case effectively.

How a Michigan Defense Lawyer Can Fight Social Media Evidence

Just because a post exists doesn’t mean it can automatically be used against you in court. A seasoned criminal defense lawyer will look at whether the post was properly obtained, authenticated, and whether it actually proves what the prosecutor claims.

Legal Strategies We May Use

• Challenging Authentication: We may argue that it’s unclear who actually posted the content.
• Contextual Defense: We provide additional facts to explain when and why the content was posted to show it has no relevance or no connection to the actual charges.
• Motions to Suppress: If content was obtained without a proper legal process, we may move to have it excluded altogether.

Our team has successfully challenged questionable social media evidence in courts across Southeast Michigan. Don’t face the prosecutor’s office alone—they have a team of experts ready to use your content against you. If you're being charged with a criminal offense and think your social media could be a factor, call criminal defense lawyer Aaron J. Boria today.

Call (734) 453-7806 for a free consultation. We serve clients in Plymouth, Canton, Livonia, and surrounding areas. You don't have to fight your case alone—we’re here to help.

Conclusion

Posting about your July 4th celebration may seem like harmless fun, but in the eyes of the law, those photos and videos can become part of a criminal case against you. Michigan law allows social media content to be introduced as evidence under a wide range of charges, from OWI and assault to disorderly conduct and gun crimes.

If you're facing a criminal charge in Michigan, or even just under investigation, be smart about your online activity. Think twice before you post, and if you’ve already shared content that may be a concern, seek legal counsel as early as possible.

At Boria Law, we know how to handle these cases, and we understand how evidence—digital and otherwise—can be used effectively by both sides. Don’t risk your freedom over a social media post. Get the legal help you need today.

Contact Aaron J. Boria, criminal defense attorney, at (734) 453-7806 for a confidential and free consultation. We’re committed to protecting your rights and defending your future.