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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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Can a spouse whom you are separted from ping your cell

Resolved Question:

husband had PI "ping" cell to verify or discalim whereabouts. Is this legal?
Submitted: 9 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 9 years ago.

Pinging a cellphone as I am sure you know, is simply sending a signal to that phone based on its nearby tower usage and knowing exactly where that phone is even if it is off. Any time your phone "sees" a tower, it pings it.

Only law enforcement officials are "legally" allowed to ping anothers cell phone and only with a court order to do so. Unless he gave you this phone and it is in his name, he has no legal authority to ping your cellphone. This is an invasion of privacy. The problem though is that it is hard to prove that someone has pinged your cell. There are also no recent criminal cases regarding this invasion of privacy issue.

So in answer to your question, no, this is not legal; however, charging him with it criminally will be very difficult due to a lack of prosecution for this crime.

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