Social media has become a huge part of everyday life — from posting memes to livestreaming protests. But here’s the question many people don’t think about until it’s too late: can what you post online actually get you arrested in California? The short answer is yes. Social media content can (and often does) end up in criminal investigations, and in some cases, your posts could be used against you in court.

How Social Media Posts Become Evidence

Even if your account is private, law enforcement can still subpoena or gain access to your online activity. Posts, comments, DMs, and even deleted content may be retrieved through legal channels. Prosecutors frequently use screenshots, videos, and messages as evidence in cases ranging from vandalism at protests to harassment claims.

California courts have consistently ruled that online posts can be used in the same way as physical evidence. For example, bragging about a fight, showing off stolen goods, or even tagging your location during a protest could become part of a criminal case.

Common Online-Related Charges in California

Posting online isn’t automatically a crime — but certain types of content can cross the line. Some of the most common charges tied to social media include:

• Criminal threats (Penal Code 422): threatening violence in posts or DMs
• Incitement or conspiracy: encouraging others to commit crimes during protests
• Harassment or cyberstalking: repeated unwanted online contact
• Obstruction: interfering with police activity by livestreaming in restricted zones

Even joking online about committing a crime can land you in hot water if it’s taken seriously by law enforcement.

Digital Defense Strategies for Social Media Trouble

If you get arrested, police question you about your social media, you are not required to give them your passwords or consent to searches without a warrant. If your posts are being used as evidence, a criminal defense attorney can challenge whether law enforcement obtained that information lawfully. An attorney can see if your posts prove what prosecutors claim, and whether your First Amendment rights were violated.

Why Legal Representation Matters

Getting arrested for something you posted online doesn’t mean you’re guilty — but you’ll need an experienced defense. At Inland Empire Criminal Defense, we’ve represented clients facing charges linked to protests, viral videos, and online activity. We know how to fight vague allegations, protect your constitutional rights, and keep your online presence from turning into a criminal conviction.

Call us today at 909-281-0391 for a free consultation. Based in Ontario, CA, we proudly defend clients across the Inland Empire.