The legality of information obtained by law enforcement from social media is unclear. At what point does police use of information obtained on social media become a “search” or a “seizure” in the legal sense? Does it matter if the post is public (and obtained openly) or private (and obtained from the social network via subpoena)? How can we guarantee that the account owner made the posts that the police want to use as evidence? What, if any, rights do the accused have to protect them from unlawful searches and seizures on social media? Is the right to privacy violated when police obtain this information and/or seek to introduce it as evidence? Although there have been many law review articles and scholarly journals written arguing one way or the other, courts are still deciding the answers to these types of questions regarding law enforcement’s use of social media.