|reply to Kilroy |
Re: When cops subpoena your Facebook info, here's what FB sends
said by Kilroy:"if the prosecution got it from Facebook"
The prosecutor has to give every thing they have to the defense, but not the other way around. Even if the defense can't get it from Facebook they will get it from the prosecution if the prosecution got it from Facebook.
Therein lies the rub.
Based on past performance, if the prosecutor only asks for certain information, that's all FB supplies. So, structuring the request for only what the prosecution thinks is helpful to its case can result in exculpatory evidence remaining out of the reach of the defense unless FB accedes to the defense attorney's request.
However I'd think (and hope) that a judge would issue a court order to FB to provide the defense team with information they request that would be germane to the case. But the logic and common sense of judges is, with all due respect, sadly lacking in too many cases.