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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28371
Experience:  10+ years defending Misdemeanor and Felony cases.
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Is it criminal to take someones phone so you have access to

Customer Question

Is it criminal to take someones phone so you have access to all their email accounts including work because they have their email password ***** on their phone and so you can read all of their text messages and communicate as them?
JA: In what state did this occur?
Customer: Alabama
JA: Have you talked to a lawyer yet?
Customer: I just emailed an attorney yesterday. However, the person who did it is an attorney so that's why I was asking.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, i'm just trying to find out the difference in whether this is a criminal violation or a professional ethical question
Submitted: 9 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CrimDefense replied 9 months ago.

How and why did they take the persons phone? How did this happen?

Customer: replied 9 months ago.
Wife took his phone because she suspected he was cheating. It was on the counter and she took it and ran in the bathroom and locked the door.
Customer: replied 9 months ago.
She's an attorney and already subpoena the text transcripts without him knowing. Because he uses his phone for work as well he saved his email passwords so she figured she wouldn't have to steal his passwords if she got the phone. Since they share an account it's technically not stealing her phone. She has not given him back his phone and she texts and emails women from his phone acting like him.
Expert:  CrimDefense replied 9 months ago.

Thank you for the reply. If the phone belonged to the husband, the wife should not be going through his phone if he has a lock or pass code on it, to obtain access to his emails or anything of that nature. Now, I do not think the wife would be criminally prosecuted for this and the truth of the matter, is these records could be obtained and subpoenaed during divorce proceedings, if they were relevant and he denied the affair. Now, if they share an account and both have access to this information, it would not be an issue either. As you shared, if she already subpoenaed these, the issue would be moot since she will not be arrested or charged with anything.

Customer: replied 9 months ago.
My question is not his right to privacy but others right to privacy. We work at University and email each other due to FERPA and other laws his wife shouldn't be accessing his emails let alone responding. I feel my privacy has been violated and whether or not her actions are criminal to that regard. She knows it's his work email, she doesn't work their etc... if you feel it contains something personal to your divorce shouldn't your subpeona the emails?
Expert:  CrimDefense replied 9 months ago.

Thank you for the clarification. Yes, if the wife accessed his work emails and there is privacy and protection afforded, the University itself, could take action and he would need to report the breach. As you shared, if there were issues or concerns about the potential affair and there was belief they were in his work emails, they could be subpoenaed and any work related information could have been removed. As such, the University would need to be informed and take action.

Customer: replied 9 months ago.
Can I report the breach?
Expert:  CrimDefense replied 9 months ago.

Yes, you could inform the University of it. If anything, they would reach out and speak about this and look into it and decide if they want to take action.

Expert:  CrimDefense replied 9 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  CrimDefense replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!