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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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My ex husband is a police officer. Is he allowed to use the

Customer Question

My ex husband is a police officer. Is he allowed to use the state system database in which he will type my information to pull up my information like traffic tickets or arrests? What would be the actual crime he's committing and how can I handle this as he has always used his police powers and discovering my own private information that he would try to use in our custody battle.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good evening:

My name is ***** ***** I would be happy to address your legal question today. I am sorry to hear the issues you are facing with your ex-husband. The information he is accessing is stored in several different databases. These databases includes LEADS and NCIC. For our purposes, the names of the databases are not important.

The important part of this is that these, by LAW, are only to be accessed for genuine law enforcement purposes only. No officer can access the databases for non-work related purposes. These are always violations of the police departments procedures and general orders. In fact, every search conducted by a person is tagged as searched by that person, meaning a search can always be traced back to the person initiating the search.

As for penalties, there is no crime on the books for this specific act. The usual course is internal discipline/punishment from his employer. In rare circumstances, prosecutors may find a law to charge your ex-husband under. For instance, a charge of "Misappropriation" or "Unauthorized Use of Property" can be charges that are generally charged. However, there is no actual crime that is specific to the use of the databases for non-work related reasons. However, there will still generally be punishment internally.

Please let me know if you have any follow up questions. I would be more than happy to answer them. If not, please remember to click "accept" and leave positive feedback so I may receive credit for assisting you this evening. Thank you and have a happy Thanksgiving!

Customer: replied 1 year ago.
But what about laws protecting my civil rights or something called computer trespassing. Police departments will not care about a victim but ensuring that they protect the department and its officers. If I'm not able to access his information and anything that's not available to the public I would also assume that it would be another offense commited in the act as well in regards ***** ***** and disclosure
Expert:  Legal-Kal replied 1 year ago.

Regarding Computer Trespass, that would not be an issue in this case. That is where an individual accesses a computer without authorization. While there can be a chance that he could be charged with this offense, it would most likely not succeed as he would have had authorization to access the information (and all information) to begin with. The fact that, at some point, he exceeded the scope of the authorization would not amount to the commission of Computer Trespass.

What you may have is an Invasion of Privacy claim against him for a public disclosure of private facts. To establish a cause of action for invasion of privacy on the ground of public disclosure of private facts, the courts consider three elements, which include:

  • the disclosure of private facts must be a public disclosure.
  • the facts disclosed must be private facts, and not public ones.
  • the matter made public must be one which would be offensive and objectionable to a reasonable person of ordinary sensibilities.

This would be your civil recourse against your ex-husband for the obtaining and subsequent disclosure of the information obtained.

Customer: replied 1 year ago.
you are telling me that there is nothing in the penal law that would not put him in direct violation of my rights and isn't even a crime and there are zero federal or state laws, guidelines or even procedures to using the system within his system that state that perhaps it's not to be ever used for obtaining any information unrelated to a traffic stop in which is only permitted time to be running a person and that if found to be using it for personal means to obtaining another persons information and including my address social security and all information that is protected by the government and how about that he has commited domestic abuse in the past and I suffer PTSD from him and that I moved over 50 miles away to hopefully feel save again and now I'm not even entitled to that right either.
Expert:  Legal-Kal replied 1 year ago.

That would be correct, there is no direct federal or state law that penalizes the use of the database when not for official use. As mentioned earlier, there are "general" criminal laws that could be used to prosecute could creatively use against him (i.e., "misappropriation" or "unauthorized use of property"). Quite frankly, this can even happen on the federal level where he could be charged with a federal offense (since he used a channel or instrumentality of interstate commerce). This is the same reason that mail fraud or wire fraud is a federal crime, because they use the channels and instrumentatlities to commit the mail or wire fraud.

The only way you can personally recover for your PTSD or your movement is to file the above mentioned civil action. It is important to note that a criminal actions is between the defendant and the government. A civil action, however, is between you (a private citizen) and your husband. The remedy for a civil action (recovery for your PTSD, etc) would be monetary compensation. The penalty for your ex-husband in a criminal case is mainly jail and a fine that is paid to the government, not you.

Please let me know if you have any questions based on this.

Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

It has been a few days since the last post and I am wondering if you have any follow up questions that I may be able to answer? If not, please remember to click "accept" so I may receive credit for my response. Thanks!

Customer: replied 1 year ago.
I am not satisfied with your answer and I don't feel that you have provided me with accurate information in regards ***** ***** charges and I will confirm this with my boss as I am his paralegal for domestic relations but he is criminal defense attorney but I did see a deduction from my account to this.
Expert:  Legal-Kal replied 1 year ago.

I am sorry to hear that you feel that way. I would be very interested in what your boss would have to say however. Oftentimes, people are upset about the actual answer they receive. Please note that attorneys cannot change the laws in place, but can only give you candid and honest answers to your legal question. I believe this is the very situation here.

Again, I would be interested in hearing what your boss has to say about this topic. I wish you the best in the future.

Expert:  Peter Griesch replied 1 year ago.

Arrests and convictions are a matter of public record, unless they have been sealed by a court. There are private services, such as websites that can gather a person's criminal records, the same as police.

If he accessed any information that was not a matter of public record, then it could be a crime.

If your worried about a custody suit, you should contact the police department and report that he has been accessing you record for unofficial business. If he is disciplined by the department for his conduct, you can raise that during the custody hearing.

Thank you for your question. Good luck.

Expert:  Legal-Kal replied 12 months ago.

Good morning:

I am curious as to what your boss told you regarding the above. Thanks.

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