Facebook friends may give government access to view other's page, use doesn't violate Fourth Amendment

Though it is not likely to be news to readers of this blog, a federal trial court in New York has ruled that the government obtaining access to a defendant's Facebook page through one of his Facebook friend's cooperation does not violate the Fourth Amendment. United States v. Meregildo, No. 11 Cr. 576 (S.D.N.Y. 2012).

The defendant sought to suppress evidence, arguing against the method the government used to collect evidence to support a determination of probable cause. The government had gotten one of his Facebook friends to give them access to his Facebook profile.

"When a social media user disseminates his postings and information to the public, they are not protected by the Fourth Amendment," held the court. "Where Facebook privacy settings allow viewership of postings by 'friends,' the Government may access them through a cooperating witness who is a 'friend' without violating the Fourth Amendment."

The case has gotten a bit of attention, including stories from NY Post, Gigoam, Gizmodo.