A Harris County defense attorney is challenging the practices of the Harris County Constable Precinct 4 regarding social media posts of dismissed DWI cases. The attorney, Michael Stoll, argues that his client’s privacy is compromised as the precinct continues to showcase photos online despite the dismissal of charges.
Concerns Over Social Media Practices
Attorney Stoll represents a client whose DWI case was dismissed by a judge due to a lack of probable cause. However, Precinct 4 has continued to post images of his client being arrested and subjected to a field sobriety test on their social media platforms.
Stoll highlighted a specific incident on December 6, where his client was publicly labeled as a “drunk driver” without any context that charges were never formally substantiated.
Impact of Online Posts
According to Stoll, these posts pose a lasting risk to his client’s reputation. He expressed concern that future employers or others may find these images and misinterpret the circumstances surrounding the arrest. “These posts will live on forever,” he stated. “There’s no explanation our clients can give other than the fact that it was dismissed.”
Responses from Legal Experts
- Johnathan White, another defense attorney, echoed Stoll’s sentiments, emphasizing discomfort with the public shaming aspect of the precinct’s approach.
- White stated, “Putting identifiable information changes things,” indicating a need for more considerate communication practices from law enforcement.
Plea for Change
Stoll attempted to address the issue directly with Precinct 4. Despite his efforts, the precinct indicated they could not monitor all social media comments and were unaware of his request to remove the posts.
While law enforcement agencies have a responsibility to inform the public, Stoll and White argue that there should be a balance between public safety and individual rights. The legal community continues to push for reforms in how police share information about arrests and investigations on social media.
