When Snapchat Is a Crime Scene: Snapchat Evidence in Criminal Investigations and Prosecutions
Snapchat has grown into one of the most widely used apps in the world, with hundreds of millions of people opening it every day. It’s a messaging app, a camera, a video platform, and a live-sharing tool all in one, and it now includes AI features too. For most people, it’s simply how they keep in touch.
But like any tool or platform, Snapchat can be used in ways that lead to criminal allegations. And increasingly, Snapchat itself becomes a central part of the evidence in a case. Attorney Ron Frey has handled many cases involving allegations of criminal activity on Snapchat, in both federal and state court. (See our overview of internet and computer crime defense.)
The Biggest Misunderstanding About Snapchat
Many people believe that what they put into Snapchat is private, anonymous, or simply gone once a message disappears from the screen. That belief is one of the most common misunderstandings in these cases.
When people see the amount of data that can be gathered in a Snapchat investigation, they’re often surprised. It can be voluminous. And Snapchat data doesn’t live in only one place. Depending on the facts, information connected to an account may exist:
- on the person’s own phone or other devices,
- in the cloud, with Snapchat itself, and
- on the phones and devices of other people who sent or received messages, photos, or videos.
How Investigators Get Snapchat Data
In many cases, law enforcement can send Snapchat a preservation request, sometimes called a preservation letter, asking the company to hold on to data connected to a specific account. Investigators may then seek a search warrant or other legal process to obtain that account’s content and records. Devices can also be searched under a warrant.
Whatever is collected may then be used as evidence in a criminal case. (For more on how this process works with online accounts generally, see How Police Get Your AI Chats, Images, and Account Records.)
Snapchat Evidence Still Has to Be Tested
Data from Snapchat is not automatically proof of anything. Evaluating it raises important questions, including:
- Authentication. Is the data what the government says it is, and can it be reliably tied to the account and the events in question?
- Custody and control. Who had the device, and how was the evidence handled from collection to court?
- Access. Who else could get into the account or the phone? Shared devices, saved logins, and passed-around passwords are common.
- Who was actually using it. Ultimately, who was behind the device, or using the platform, at the moment that matters?
These are the kinds of issues a defense lawyer looks at closely in any Snapchat case.
Many Kinds of Cases
Snapchat cases can involve allegations of many types of computer and internet crimes. Snapchat data can also turn up as evidence in cases that have nothing to do with computers at all. Because the app combines messaging, photos, video, and location-related features, it can touch almost any kind of investigation, state or federal.
Questions to Bring to a Lawyer
People in these situations often ask:
- Can investigators really see my Snapchat messages?
- Police took my phone. What happens now?
- Someone else had access to my account. Does that matter?
- Is this a state case, a federal case, or could it become either?
- A detective wants to talk about my Snapchat account. What should I do?
Each of those questions depends on the facts of your situation, and each is a good reason to talk with a lawyer before making any decisions. (See What Should You Do if the Police or FBI Search Your Home? and Should I Provide My Password to the Police or FBI?)
Questions About Snapchat and a Criminal Investigation? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about a crime or criminal activity alleged to have occurred on Snapchat, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC, wherever you are. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
Laws involving digital evidence are changing quickly and vary from state to state, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.