In forums like this one (as well as less anonymous sites like Facebook), people often talk of experiences that may become subjects of litigation (examples might include auto accidents, problems with your neighbor and encounters with the police). Even discussing your health problems might weigh against you in certain situations. Does anybody have any examples of situations where these statements have been discovered and used against the poster in trial?
Only case I know of was a divorce by a co-worker. How much weight it carried I can’t really say for sure - it was a really nasty divorce with a lot of shots from both sides.
First they have to find it… That’s why these forums are generally anonymous.
The thread title is of course from Miranda, and applies in criminal arrest. Along with arrest, the police can get warants to look for anything and everything, which may include your computer. (Note the kerfuffle about Casey Anthny and who did or did not search for “Chlorform”.) Once they search your computer, typically if email may be relevant to the case, any recently visited websites will be in browser history, plus likely a cookie with your login name.
As for civil cases like divorce - unless you go out of your way to malign the other person identifiably, or they find it by lucky coincidence, how would they know? I assume most such cases would revolve around facebook or other identifying sites. Typically it’s someone with an axe to grind and a desire to bad-mouth the other party to everyone.
I wonder if the lawyers in civil cases can go fishing… “did you discuss this case with anyone online?” I suppose unless it’s relevant to some issue already under argument, probably not.
Take the thread a fewdays ago, about a court problem. The participant provided enough detail that anyone involved in that case would know exactly who was saying what about whom. She made it clear she want to frustrate the will of the court, which might provide ammunition for the other side’s attorney - but they would have to find this thread. Plus, it’s only relevant if she actually had a lawyer follow through on what she wanted to do… and at worst, it could be shown she was trying to delierately delay a court order.
But there’s millions of chat threads on the internet, so how easy is it to find that? It would just be coincidence if they did. More likely, as is the case with a lot of court proceedings, the perp themselves would say enough in person in the heat of discussions to tip them off about what they should look for. The moral of any such story is “keep your mouth shut”.