Is it legal to take a spouse's phone w/o permission in hopes of hacking it?

[IsaacN]

Florida

Told my wife we needed a divorce and she's not happy about it. She's convinced there's another woman, so yesterday she informed me that she stole my old phone (had to get new one a few months ago) and has taken it to her lawyer to see what's on it. As my personal property, not for family use, and password protected, don't they need a subpoena or something for that?

 

[quincy]

Florida

... don't they need a subpoena or something for that?

Yes. What your wife has done is illegal.

 

[adjusterjack]

Yes. What your wife has done is illegal.

Maybe yes, maybe no.

But call the police and say "my wife stole my phone" and it likely goes nowhere.

 

[stealth2]

So what ARE you hiding?

 

[quincy]

Maybe yes, maybe no.

But call the police and say "my wife stole my phone" and it likely goes nowhere.

How is it legal to steal someone else's phone?

How is it legal to access the content of someone else's password-protected phone?

 

[Ohiogal]

How is it legal to steal someone else's phone?

How is it legal to access the content of someone else's password-protected phone?

Marital property if bought during the marriage.

 

[Just Blue]

Marital property if bought during the marriage.

That was my first thought as well.

 

[IsaacN]

I am more concerned at her efforts to make this ugly than I am about what's on the phone. We have a child to consider. So being the case, I could take her phone and see what's on it? Take it to a professional to see what's been deleted, etc? Would that data be admissible? Was hoping to avoid/limit lawyers, but looks like that won't be the case.

 

[LdiJ]

I am more concerned at her efforts to make this ugly than I am about what's on the phone. We have a child to consider. So being the case, I could take her phone and see what's on it? Take it to a professional to see what's been deleted, etc? Would that data be admissible? Was hoping to avoid/limit lawyers, but looks like that won't be the case.

You know, legally it really doesn't matter what is on either of your phones. Florida is a no fault state so her attorney is not going to care what is on your phone and your attorney will not care what is on her phone.

 

[IsaacN]

You know, legally it really doesn't matter what is on either of your phones. Florida is a no fault state so her attorney is not going to care what is on your phone and your attorney will not care what is on her phone.

Thank-you. I am aware of this, not sure what she is trying to accomplish. Just been a rough time and I want to shield my child.

 

[quincy]

Marital property if bought during the marriage.

Ohiogal, I am remembering a case in Michigan (granted, not Florida) where the contents of one spouse's cell phone was accessed without authorization by the other spouse and, if memory serves (and it may not), it was found to be an invasion of privacy. I think this was discussed on this forum before. I will try to look for it.

Also see Shakman v. State, 553 So 2d 148, 150 (Fla 1989) on privacy rights: The Florida Constitution "ensures that individuals are able to 'determine for themselves when, how and to what extent information about them is communicated to others.'" This, of course, is a limited right.

 

[tuffbrk]

Your child shouldn't even know that Mom took your phone, frankly. Nothing your stbx finds is worth anything related to the divorce. The only issue would be if she uncovers something that's illegal like drug deal details or kiddie porn. If I may suggest - clear out all paper from your home and store it in a fireproof lock-box off the premises. Perhaps at your job if at all possible. Obtain a PO Box or mailbox etc. address or change your mail to reflect your work address, if possible. If she's stooping so low as to take old phones, you have no idea what other mischief she may be up to when you're not around. I hope you've seen an attorney. If not, it's time to start interviewing them to retain one. Good luck.

 

[quincy]

I am more concerned at her efforts to make this ugly than I am about what's on the phone. We have a child to consider. So being the case, I could take her phone and see what's on it? Take it to a professional to see what's been deleted, etc? Would that data be admissible? Was hoping to avoid/limit lawyers, but looks like that won't be the case.

Neither you nor your wife should attempt to access information about the other through illegal means (i.e, through theft, hacking, spyware, whatever).

Here is a link to O'Brien v. O'Brien, a 2005 case out of Florida to review (this on a spouse accessing her husband's computer data): http://www.5dca.org/Opinions/Opin2005/020705/5D03-3484.pdf

I agree with tuffbrk that you need to see an attorney.



*edit to add: One Michigan case involved a man (Leon Walker) who was charged with computer misuse, a 5 year felony, for logging into his wife's email account without authorization (he logged on using her password). 2010. I think there is a cell phone-related case, too.