Criminal Law Questions? Ask a Criminal Lawyer.
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How and why did they take the persons phone? How did this happen?
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.
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.
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.
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