Featured News 2012 Is Technological Spouse Snooping Legal?

Is Technological Spouse Snooping Legal?

According to ABC News, the spy shop has become the new relationship weapon. More and more couples are using spy cameras, phone trackers, and microphones to secretly record their partner's antics. When couples don't trust each other, they are turning to technology to help monitor their loved ones. But is this practice legal? At the moment, laws on the subject vary from state to state and are incredibly arbitrary. In 38 states, there are explicit statutes which bar people from recording secretly in a public location.

The federal government has created wiretapping laws to keep people from invading private cell phone and computer conversations. Regardless of whether or not your state will punish you for snooping, you may see other consequences. Divorce attorneys admit that they have seen a spike in divorces where technological data was a serious issue. Couples are figuring out that their partner is invading their privacy, and these actions result in a split. The American Academy of Matrimonial Lawyers says that they are getting more and more cases where the couples can't trust each other and have been using microphones and cameras to watch their spouse's every move. The pressure is too much- the situations almost always end in divorce.

Spying spouses argue that they should be able to share in their spouse's life however they please, and they want to make sure that their husband or wife is being faithful to them. Some couples use their spy gear for even greater purposes, such as to gain custody of their children in the divorce proceedings. With video cameras or GPS systems, the couples can hold evidence against each other and present it to the court in order to sway the children's custody into their direction.

Part of the reason that technological snooping is becoming so popular is because it's cheap and easy. Many of the gadgets that adults use to monitor their partners are available for under $100 at a local gadget store. When the spy can find a strategic hiding spot, it becomes very easy to monitor someone. Many of the spy cameras, microphones, and GPS devices are small enough to fit in a keyhole, child's toy, pair of sunglasses, or a pen.

If you can't find what you're looking for in a store, then it is easy enough to purchase spy equipment online and have it sent to your doorstep. A mother who can prove that her husband has been visiting strip clubs, casinos and brothels regularly will probably have a good chance of getting her children back. As well, a father who can prove that his wife has no love for her children, as evidenced by things she has said to friends in confidentiality, which he caught on tape, can probably sway the judge in his favor.

One man from Texas reported to ABC News that he found a small tape recorder hidden inside his son's pocket when the child was on visitation at his home. The little boy admitted that his mom had tape recordings of his father's voice, and that she listened to them at night. When he patted his son down, the father discovered a tape recorder. He presented the evidence to his lawyer, and complained that his ex-wife had violated the law of wire-tapping. According to the mother's lawyer, this was not a violation of wiretapping. The father is a three-time convicted felon, and is currently on parole. The defense believes that he is just trying to use the tape-recorder incident to somehow switch the child custody decisions laid out in his divorce.

One divorce attorney laments that children are becoming the Trojan horse in these feuds between parents. By using the child as the spy device, parents are able to figure out exactly what is going on in their ex-spouse's minds. In another recent instance, a mother hid a small microphone in her 7-year-old daughter's teddy bear and told her to carry with her at all times. By encouraging her child to develop an attachment to the bear, she was able to ensure that she would take it with her to Daddy's house.

When the child went to visit her father, she would record every conversation and action that the man did. The mother would download the audio when her daughter arrived back home and listen to it for any evidence that she could put against him. This woman was fined $10,000 for her snooping and the tapes were thrown out as illegally obtained evidence. In conclusion, be careful when meddling in a partner's affairs with spy gear. If just might become a serious lawsuit, or cost you your custody rights.

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