# Will police respond to social media posts admittng to/boasting about criminal acts? **URL:** \ **Category:** Factual Questions\ **Created:** [November 25, 2018, 9:22pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074 "2018-11-25T21:22:24Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Chetumal](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@Chetumal](https://boards.straightdope.com/u/Chetumal)\ **Post date:** [November 25, 2018, 9:22pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/1 "2018-11-25T21:22:24Z")
Let’s say someone gets drunk and posts on their facebook “Whoo-hoo, I’m shitfaced and driving to the beach!”. And let’s also say that his facebook friends know where his house is and what route he would be taking to get to the beach. If a friend called 911, would the police act on the information? Specifically, would they alert patrol cars along the highway to be on the lookout for him? And if they pulled him over, would they legally be allowed to administer a breathalyzer based on the information on his facebook page admitting that he was drunk? Don’t need answer fast, this is just a hypothetical. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [November 25, 2018, 10:07pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/2 "2018-11-25T22:07:45Z")
Something like this [https://www.nbcnewyork.com/news/local/Bragging-Criminals-Caught-on-Facebook-by-Police-109892399.html](https://www.nbcnewyork.com/news/local/Bragging-Criminals-Caught-on-Facebook-by-Police-109892399.html) ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [November 26, 2018, 2:28am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/3 "2018-11-26T02:28:38Z")
> [@Chetumal](#): > > If a friend called 911, would the police act on the information? Specifically, would they alert patrol cars along the highway to be on the lookout for him? And if they pulled him over, would they legally be allowed to administer a breathalyzer based on the information on his facebook page admitting that he was drunk? First, they wouldn’t pull him over just based on someone saying he was drunk (even himself). The police would have to observe his driving, and note signs of intoxication before they have a valid reason to stop his vehicle. If they don’t, then any evidence post-stop could be thrown out in court. We have a non-hypothetical example here in Minnesota. Years ago, the quarterback of our NFL team was refused service at a bar in a restaurant, because he was already intoxicated. Instead, they offered to call a taxi to take him home. He angrily refused, staggered out to his car, and drove away. The bar called the police, and warned them that he was driving unsafely. The police went onto the freeway and immediately pulled him over. (He was way over the legal limit when tested.) But in court, the defense attorney got the police to say that they had not followed him and observed his driving, but had pulled him over based on the report they had received. So they couldn’t use the results of the test in court, and he beat the charges. ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [November 26, 2018, 3:55am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/4 "2018-11-26T03:55:55Z")
I’d assume part of it is the severity of the crime and how back-logged with other work the police force is. Having said that I’ve heard multiple stories of people discussing crimes on facebook and being arrested for it. ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [November 26, 2018, 3:57am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/5 "2018-11-26T03:57:20Z")
> [@Tim\_T-Bonham.net](#): > > First, they wouldn’t pull him over just based on someone saying he was drunk (even himself). The police would have to observe his driving, and note signs of intoxication before they have a valid reason to stop his vehicle. If they don’t, then any evidence post-stop could be thrown out in court. Does it work like that in all situations? I’ve heard many stories of people getting revenge by planting drugs in someone’s car, then calling the police and say ‘XYZ was going to sell me drugs, but instead he pulled a gun on me and robbed me. His license plate number is ABCDEF’. Then the cops pull the guy over, find the drugs and its all over for them. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [November 26, 2018, 4:02am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/6 "2018-11-26T04:02:04Z")
[Whitney Beall](https://www.nbcnews.com/news/us-news/periscope-user-whitney-beall-sentenced-driving-home-drunk-n519896) > [@](#): > > “I’m driving home drunk — let’s see if I get a DUI,” she said into her phone’s camera while behind the wheel. “Driving drunk is not cool.” > [@](#): > > Lakeland police pulled her over after concerned users on Periscope called 911. An officer logged onto Periscope and located Beall’s car. Officers say Beall failed a field sobriety test and refused to take a breath test. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [November 26, 2018, 4:27am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/7 "2018-11-26T04:27:19Z")
I seem to hear about all kinds of idiots getting caught behind Social Media posts. Keeps me from posting all my fun adventures, I’ll tell you what! Well, that and I don’t video them. 😉 All I am wiling to share is me and the dogs. [![Imgur](https://live.staticflickr.com/65535/49850627556_9669574edd.jpg "bob smith") ](https://www.flickr.com/photos/155285423@N02/) All that graffiti has been since painted over. Good. I did neither. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [November 26, 2018, 4:56am UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/8 "2018-11-26T04:56:12Z")
> [@Tim\_T-Bonham.net](#): > > First, they wouldn’t pull him over just based on someone saying he was drunk (even himself). The police would have to observe his driving, and note signs of intoxication before they have a valid reason to stop his vehicle. If they don’t, then any evidence post-stop could be thrown out in court. This is absolutely true. But note that cops can become hyper picky and validly pull you over for all sorts of picayune reasons (you were going just barely over the speed limit; your tint was too dark; you rolled a stop sign) that might normally not be enforced, but are technically violations, even though they really want to pull you over because they suspect you for another crime. So called pretext stops are legal. ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [November 26, 2018, 2:14pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/9 "2018-11-26T14:14:36Z")
I’ve read more than once of some dumbass posting pictures of their bongs, dank weed, blunts, and shake, on FB, and then the cops coming calling. It happens. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 26, 2018, 2:51pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/10 "2018-11-26T14:51:13Z")
Wouldn’t a report from someone else (especially from a professional at spotting drunkenness, like a bartender, or from the person themself) be enough for the standard of probable cause required to pull a car over? Is it actually in the law that the police officer has to personally witness the probable cause? Of course, this is all state law we’re talking about, so there are going to be fifty different answers. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [November 26, 2018, 3:23pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/11 "2018-11-26T15:23:15Z")
> [@Chronos](#): > > Wouldn’t a report from someone else (especially from a professional at spotting drunkenness, like a bartender, or from the person themself) be enough for the standard of probable cause required to pull a car over? Is it actually in the law that the police officer has to personally witness the probable cause? > > Of course, this is all state law we’re talking about, so there are going to be fifty different answers. > [@nolo.com](#): > > In most states, the misdemeanor must occur in the officer’s presence. In most states, an officer can’t arrest an adult for a misdemeanor without a warrant, unless he witnesses the person committing it. In other words, the misdemeanor must occur “in the presence” of the officer. … ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 26, 2018, 3:27pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/12 "2018-11-26T15:27:02Z")
Not the same thing. The misdemeanor is driving drunk, which was indeed done in the officer’s presence (even if he didn’t notice it on its own). And the arrest, if any, will only come after a breathalyzer and/or field sobriety test, which would then provide the needed evidence. We’re talking about the lower standard needed for a traffic stop, not the higher standard needed for an arrest. ---
**Author:** ![mmmiiikkkeee](https://avatars.discourse-cdn.com/v4/letter/m/edb3f5/32.png) [@mmmiiikkkeee](https://boards.straightdope.com/u/mmmiiikkkeee)\ **Post date:** [November 26, 2018, 4:54pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/13 "2018-11-26T16:54:55Z")
There shouldn’t be a reason that social media is off-limits to law enforcement as a source of information relating to issues they are responsible for investigating. Fish and wildlife officers in my area will peruse online listings of pets for sale looking for outlawed species (invasive fish, monkeys, etc) and then go pay the seller a visit and confiscate the animal. It would probably be a matter of how credible the person reporting the offense sounded when they described why they think someone is driving drunk. If their story and reasoning sound reliable and an officer is available and nearby I don’t see why they couldn’t stop the person. How the stop and any charges stemming from it plays out in court would depend on how well the officer followed protocol and filled out their paperwork during the process. I don’t think there is a blanket “never follow up based on social media info” policy in place. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [November 26, 2018, 4:59pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/14 "2018-11-26T16:59:50Z")
I remember a case a few years ago about a couple of teens who had been convicted of underage drinking and getting probation. They posted on Facebook photos of them drinking, with commentary of the nature of “fuck you, judge.” The judge heard about it. He was not amused and their probation was revoked. Of course, that’s slightly different; probation is different from being charged with a crime, but there are plenty of examples of people boasting about something illegal on Facebook and getting a visit from the authorities. ---
**Author:** ![Asuka](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@Asuka](https://boards.straightdope.com/u/Asuka)\ **Post date:** [November 26, 2018, 7:16pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/15 "2018-11-26T19:16:55Z")
In England a large organized crime ring was brought down a decade ago because one of the supposedly poor participants showed himself on Facebook holding a giant wad of bills when the police already suspected him for money laundering. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [November 27, 2018, 7:51pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/16 "2018-11-27T19:51:02Z")
It’s going to depend on a lot of things- what the crime is, what was posted,the jurisdiction and so on. NYPD is not going to spend one second looking for your drunk friend driving to the beach, if for no other reason than because it’s like finding a needle in a haystack. That doesn’t mean Barney Fife in Mayberry doesn’t have time. But let’s say the post is not " Hey I’m drunk and driving to the beach" Instead it’s a picture of your friend and the gun he just used to rob someone and the money and the jewelry he got in the robbery - he should expect a visit from even the NYPD if someone tells them about the post. ---
**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\ **Post date:** [November 27, 2018, 7:57pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/17 "2018-11-27T19:57:28Z")
> [@Tim\_T-Bonham.net](#): > > We have a non-hypothetical example here in Minnesota. > Years ago, the quarterback of our NFL team was refused service at a bar in a restaurant, because he was already intoxicated. Instead, they offered to call a taxi to take him home. He angrily refused, staggered out to his car, and drove away. The bar called the police, and warned them that he was driving unsafely. The police went onto the freeway and immediately pulled him over. (He was way over the legal limit when tested.) > But in court, the defense attorney got the police to say that they had not followed him and observed his driving, but had pulled him over based on the report they had received. So they couldn’t use the results of the test in court, and he beat the charges. Which QB was it? “Years ago”? Like, how many? Tarkenton years? Favre years? Culpepper years? Anyhoo, yes, people get arrested for posting criminal acts on social media. It happened just this past August in North Carolina when this maniac posted on Youtube driving a Hellcat Challenger going 198mph. Link: [Dodge Challenger Hellcat Driver Arrested For Doing 198 MPH on Highway, Posting Video on YouTube](http://www.thedrive.com/news/22973/dodge-hellcat-driver-arrested-for-doing-198-mph-on-highway-posting-video-on-youtube) ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [November 27, 2018, 8:15pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/18 "2018-11-27T20:15:36Z")
> [@Tim\_T-Bonham.net](#): > > We have a non-hypothetical example here in Minnesota. > Years ago, the quarterback of our NFL team was refused service at a bar in a restaurant, because he was already intoxicated. Instead, they offered to call a taxi to take him home. He angrily refused, staggered out to his car, and drove away. The bar called the police, and warned them that he was driving unsafely. The police went onto the freeway and immediately pulled him over. (He was way over the legal limit when tested.) > But in court, the defense attorney got the police to say that they had not followed him and observed his driving, but had pulled him over based on the report they had received. So they couldn’t use the results of the test in court, and he beat the charges. After trying to find any further information, my best guess is that you’re talking about Tommy Kramer. If so, at[least](https://www.upi.com/Archives/1987/07/25/Minnesota-Vikings-quarterback-Tommy-Kramer-was-arrested-for-driving/9350554184000/) one article says the caller was anonymous- the results might have been different if it hadn’t been. I’m sure the police testified that they followed him for some short period of time (they had to - there’s no way they pulled him over at the very instant they first saw his car) and that “There was some swerving in the lanes”. I’m sure he was acquitted- but not so sure it was because the anonymous call plus the swerving wasn’t reason enough to test him.It’s very possible, especially back then that he would have been acquitted even with the test results. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [November 27, 2018, 8:42pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/19 "2018-11-27T20:42:02Z")
> [@Chronos](#): > > Not the same thing. The misdemeanor is driving drunk, which was indeed done in the officer’s presence (even if he didn’t notice it on its own). And the arrest, if any, will only come after a breathalyzer and/or field sobriety test, which would then provide the needed evidence. We’re talking about the lower standard needed for a traffic stop, not the higher standard needed for an arrest. Right. Pretty much, Police can’t arrest based just on a Facebook post. It can lead to a investigation and could be evidence, of course. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [November 27, 2018, 9:31pm UTC](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074/20 "2018-11-27T21:31:59Z")
There’s a reason [nolo.com](http://nolo.com) says “most states”. In some states, a police officer can indeed arrest someone for an misdemeanor that was not committed in his or her presence. My state is one of them- it’s one of the differences between police officers and peace officers [Next page](https://boards.straightdope.com/t/will-police-respond-to-social-media-posts-admittng-to-boasting-about-criminal-acts/825074.md?page=2)