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Politics : Politics for Pros- moderated
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To: Alan Smithee who wrote (335763)11/26/2009 12:23:39 PM
From: D. Long   of 794002
 
He should have fought it. The cops have a real proof problem here. Just because there's a photo of someone holding a beer bottle doesn't establish there was beer in the bottle

They also have a constitutional problem. Facebook isn't like many social networking sites. The information is fairly private until the user affirmatively allows access. If I was his attorney, I'd say there is a reasonable expectation of privacy. Show me the warrant and the grounds for reasonable suspicion or go away.

This is a really interesting problem for lawyers' ethics. In work comp, you bet the defense attorneys or their investigators are searching social networking sites, for example. There's quite a debate over the issue of whether an attorney can obtain information off a social networking site through an investigator, using false pretenses, without violating the rules of professional conduct.

Technology is always way out ahead of the rules.
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