Saturday, May 28, 2011

Ironic? Federal Government Opposes Effort to Obtain Evidence from Facebook.

One of the endearing qualities of many government lawyers is a total lack of irony.

The Atlanta Journal-Constitution reports that federal prosecutors have opposed the efforts of a criminal defendant in a sexual assault case from obtaining information from the victim’s Facebook page. 

The defendant claims that the woman’s Facebook account contains information that could be helpful to the defense.  The federal prosecutor opposed the subpoena served “calling it a fishing expedition and an invasion of the woman's privacy.”

I have no opinion about this particular issue without knowing whether the information sought is relevant to the case, or a violation crime victim rights and rape shield laws.  However, I have noted elsewhere that the federal government likes to obtain information from Facebook about defendants.  So, perhaps it is strange to see the government arguing the other way in this case.

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