I'm sure I'm late to the game here but I was stuffing my face with pizza
and diet coke with my BPA filled cup at a restaurant while they hypnotize
me with TV in my face. Anyway, something that struck me as odd although I
normally don't listen much to the star struck lawsuit tv shows was a lady
suing an ex-roommate for property stolen during a move out debate. I'll
leave the long story short but in the argument the plaintiff brought up a
facebook conversation apparently between her and the defendant as
evidence. The judge asked the defendant if she was aware of the tv or if
she denies taking it and of course she denied it, then brought up the
conversation which mentions the tv and the defendant apparently commented
on it saying it was a loss or something.
In the long run the plaintiff lost the case as she wasn't there during the
incident, the defendant used the popular defense that it wasn't her on her
facebook account arguing and was someone else and the judge said it was all
circumstantial evidence so the case was lost.
I'm just curious if someone here has legal experience but wouldn't a
conversation on facebook have an expectation of privacy? Is that legally
allowable in court if it's private email? I wasn't sure if since it's
obviously related to the case if there's an exception or obviously if it
was a public wall post then it was meant for the public to see and you
wouldn't have any expectation of privacy.
Since in the IT field we all are probably familiar with having to create
disclaimers everywhere for expected use and no privacy, etc it's a curious
line for email. Last I recall even though a person uses your computer
(i.e. they don't own the equipment) they still have an expectation of
privacy and their personal email shouldn't be monitored without consent. I
believe universities end up with this conundrum often with personal
computers attached to their network, etc.
Does anyone here have legal experience for electronic monitoring or
submission to court in this day and age? I know it's more likely just an
opinion topic I just expected the judge to say something about the evidence
not being admissible.