Deleting an Instagram Post Was Evidence-Tampering–Webb v. U.S.

By: Eric Goldman (Technology & Marketing Law)

This case involves assault charges. Shortly after the incident, the defendant posted a photo on Instagram showing a bloody fist with the caption “Got slim blood all on me … #NoSuckaShit.” A law enforcement officer saw the post, took a screenshot, and then contacted the defendant. The post was removed shortly after the call. The defendant was subsequently convicted of assault and evidence tampering, but my focus here is on the latter.

The statute defining the crime is as follows:

A person commits the offense of tampering with physical evidence if, knowing or having reason to believe that an official proceeding has begun or is likely to be instituted, they alter, destroy, mutilate, conceal, or remove a record, document, or other object with the intent to impair its integrity or availability for use in the official proceeding.

From an Internet Law perspective, there’s a clear tension. The statute refers to “tampering with physical evidence,” but defines protected evidence as “a record, document, or other object,” which does not explicitly include digital records or documents, although this might be implied.

The defendant admitted awareness of the police investigation and deleted his Instagram post to obstruct it. The remaining questions are whether the Instagram post qualifies as “a record, document, or other object,” and whether its integrity or availability was impaired.

The court answered both questions affirmatively. It concluded that, in this context, “physical” evidence refers to all tangible and intangible non-testimonial evidence, which includes digital evidence. This aligns with federal statutory language, where courts have similarly interpreted 18 U.S.C. § 1512(c) to encompass digital evidence…

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