Professor Imwinkelried Comments on Juror Facebook Postings for Bee
Professor Edward Imwinkelried commented for the Sacramento Bee on a Sacramento Superior Court case in which defense attorneys have subpoenaed a juror's Facebook postings. The attorneys say they need to view the juror's Facebook status updates and the replies he received in order to determine whether the juror engaged in misconduct or was subject to outside influences during the course of the trial. Facebook has not yet responded to a judge's order to produce the exchanges.
Professor Imwinkelried said the law is unclear as to whether companies such as Facebook have to turn over the postings and whether their users can sue if they do.
"We've had little experience with it," he said. "The [companies'] argument is going to be, 'If we comply, we're only complying with the demands of the law.' If you're a customer, you're going to be arguing, 'You didn't have an obligation to comply.' "
Professor Imwinkelried is a world-renowned evidence expert and has published extensively in the field.