Facebook profiles aren’t necessarily protected by Fourth Amendment
A defendant cannot bring a Fourth Amendment (guarding against unreasonable searches and seizures) challenge against the government’s use of evidence seized from his Facebook profile, federal Judge William H. Pauley III of the Southern District of New York ruled on Aug. 12.
Defendant Melvin Colon was charged in 2011 with committing murder in connections with a Bronx gang’s narcotics trafficking and racketeering enterprise. During its investigation, the government sought and obtained a warrant allowing it to look through Colon’s Facebook profile, through the account of one of Colon’s Facebook friends.
When Colon found that the government had accessed his Facebook account, he attempted to suppress any evidence obtained as a result.