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Is it illegal to search through my spouses electronic

Is it illegal to...

Is it illegal to search through my spouses electronic devices if I suspect an affair?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just curious if there is any legal recourse for snooping or digging?

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Answered in 3 minutes by:
3/14/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,864
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If someone suspects their spouse of anything, it is illegal to access any password ***** device, it is considered computer hacking or unauthorized electronic access. If the spouse leaves their email open or leaves their phone open where you can see the messages without accessing through a password, then it is not illegal, although it is an invasion of their privacy, it is not illegal hacking.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
What is the legal recourse?
Customer reply replied 4 months ago
Also, what if they are password ***** devices but my spouse has given me the password?

Thank you for your reply.

The legal recourse of the spouse who was violated would be to file criminal charges, generally the DA is reluctant to pursue such criminal charges, but more important, the spouse who was violated can get the divorce or any court where the evidence is sought to be introduced to ignore the evidence as it was obtained illegally.

Even if she gave you her passwords, you cannot access the devices without her consent. If you do so, the court will be forced to ignore whatever you found on them and you could not introduce them in court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,864
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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