New Guidance on Authenticating Social Media

Nearly half of the 7.7 billion people in the world are on social media, and each of those users has an average of 8 different accounts. The rate is even higher in the U.S., with around 70% of the population active on social media for an average of 2 hours every day. You can find more jaw-dropping statistics here. Given these trends, it's no surprise that social media evidence is showing up more frequently in criminal cases. A quick search for criminal cases mentioning the most common social media platforms brought up well over 100 North Carolina cases decided in the last decade, but only a few of those cases have directly analyzed the authentication requirements for this type of evidence. The Court of Appeals recent decision in State v. Clemons, __ N.C. App. __ (Dec. 1, 2020) provides some additional guidance in this important area. Background and Evidence Chris Tyner outlined the facts of this case in last week's case summary, and the parties' appellate briefs (available here and here) provide some additional background and context regarding the difficult history between the victim and the defendant. Just prior to the events at issue in this case, the defendant was in prison for another incident related to the victim and due to be released soon. The victim renewed a domestic violence protective order (DVPO) barring him from having any contact with her upon his release. After the defendant was released, the victim began receiving calls and voicemails from the defendant on [...]