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Appeals court hears dispute over Snapchat image, evidence preservation and First Amendment review in Commonwealth v. Pacheco
Summary
Attorneys debated whether the Commonwealth failed to preserve a Snapchat image sent to a minor, whether that omission warranted dismissal, and whether the court may review probable cause without the photo.
An appellate panel heard argument in Commonwealth v. Pacheco over the trial judge’s dismissal of a criminal complaint after finding the Commonwealth failed to preserve a Snapchat image allegedly sent by the defendant to a 13- or 14-year-old student.
The Commonwealth’s attorney, Steven Nato, told the court the prosecution attempted to obtain the Snapchat content—issuing subpoenas and searching devices—but that the platform’s ephemeral design and available metadata mean the images were not ‘‘in the Commonwealth’s control.’’ Nato said the judge applied the wrong legal framework in dismissing the case for…
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