A district judge has allowed police officers to create fake Instagram accounts if necessary for investigation.

District judge of New Jersey, William Martini, in his decision, published on December 16, admitted that the evidence of the crime, obtained by the police using a fake Instagram account, is quite legitimate and did not require a search warrant.

Someone Daniel Gatson, suspected of committing a large number of thefts worth more than $ 3 million in cash and jewelry, freely posted photos in his private Instagram that showed stolen items and money. The police officers investigating the case decided to make friends with an immodest thief and created a fake account, thanks to which the required evidence of guilt was obtained.

Gatson, having familiarized himself with the details of the investigation, filed a complaint with the judge reviewing the case, arguing that the evidence obtained in this way is illegal because it violates the 4th amendment to the US Constitution and cannot be taken into consideration when passing the verdict.

4, the amendment does require a court search warrant authorized by the court, which should state that it is the subject of the search, and "... any other items found conducting the search, even if illegal, cannot be seized and attached to the case." However, Judge Martini voiced the opposite "opinion", according to which, the police did not need special permission for such "undercover work".
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In reality, such a precedent is not indisputable from the point of view of criminal law, and, apparently, can be challenged, but it introduces a completely new vision on the aspects of real life from the point of view of social media and freedom of behavior in them.

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