Facebook and MySpace are a lot of fun.  Just ask anyone.  It’s great to get on your profile and talk about what you are doing and what you think about.   You might even get a little carried away, bragging to your friends about what you did last Saturday night and with whom.  Yet increasingly, prosecutors are requesting and getting FaceBook and MySpace entries along with your phone records when you get in trouble in the military.  Your own words could come back to you and help convict you of a crime under the Military’s Uniform Code of Military Justice (UCMJ).  Here are some helpful things to consider when chatting to your “Friends” about what you’ve been up to:

1.    When you start typing on FaceBook, ask yourself if you wouldn’t mind if your Mom read it.
2.    Be careful about code words and inferences.  It’s just like safeguarding classified material at work.  All the security training we get in the military reminds us to not use code words.  If you aren’t on a classified computer or phone line – don’t say it.  Same goes with FaceBook – it’s open comms to your Friends, and to their friends.  Are you sure you want everyone to know?
3.    Don’t admit to wrong-doing, defined as either illegal acts under the UCMJ or immoral acts the press will grab onto and convict you in public court.  Take for example Michael Phelps, the Olympic champion.  One picture at a party, taken on cell phone and placed on YouTube or FaceBook has incriminated him, caused a media nightmare and he may end up being charged.

Don’t make your Defense Attorney’s job harder by handing the prosecution a confession or proof of intent.  Defense lawyers can argue an expectation of privacy under the Fourth Amendment prohibition on unreasonable searches and seizures on FaceBook to keep the prosecution from using it against you in court.  But chances of that succeeding are slim as it is widely accepted that opening up your FaceBook to your Friends and their Friends means you are putting that information out into the public domain.

5.  Limit your answer to the questions that are asked.  Be very careful about answering general questions that are unrelated to the stop.  Even questions that are seemingly related to the stop may be beyond the scope of the police officer’s right to know.  For example, if you are stopped for a minor moving violation, you do not have to answer questions about the contents of your vehicle.

4.  Remain calm even if you feel nervous.  Your movements and conduct may become the basis for the police officer to develop a reasonable suspicion of illegal activity which could, after further investigation, develop into probable cause that there is something improper.  Probable cause is all the officer needs to arrest you and begin an extensive search of your vehicle.

3.  If you are signaled to stop in a poorly lit or uninhabited area and feel uncomfortable about the location, slow down, call 911 and explain that you are being pulled over and feel uncomfortable in the location where you are being signaled to stop.  Have the 911 operator check to ensure that the person puling you over is in fact a police officer.  You may then ask the operator to communicate to the police officer behind you your apprehension and request to continue until you find a well lit area and possibly witnesses.

2. Be polite when answering questions, giving the police your license and registration and when addressing the police.  Aggressive behavior or language will not help your situation, and could provide more reason for the police to detain you or conduct a search.  A moving violation can be addressed with the courts and contesting the issue with police at the time of the violation is not the best way to achieve a positive outcome.

1.  NEVER consent to a search.  By asking you for permission to search, the police officer is telling you that he has no right to do it.  Becareful about the trick where the police officer returns all your documents and driver’s license and very nicely thanks you for being cooperative; then, as he is returning to his vehicle, he says “do you mind if I take a quick look inside your car?”  This trick is tried and tested and has been found to work almost everytime.  Resist the urge to say yes.  Say NO.  And even if you do say yes.  You can always change your mind and withdraw your consent.

Puckett & Faraj PC

Neal Puckett and Haytham Faraj are criminal defense and general litigation attorneys and partners in the The Law Firm of Puckett and Faraj.  They have decades of experience in defending military members in courts-martial and administrative hearings.  They are also premier trial attorneys who have represneted  clients in a variety of cases.