Is it legal to secretly install spyware software on my wife’s cell phone?

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Is it legal to secretly install spyware software on my wife’s cell phone?

My wife is having an affair and I would like to have proof so I can confront her with it. Want to know if I can legally install software on her cell phone that will let me be able to view her text messages with out her knowing the software is on there?

Asked on May 17, 2011 under Criminal Law, Ohio

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The conduct that you describe could potentially put you at risk for being arrested.  If you are really suspicious about your wife's extra-marital behavior, I suggest you hire a private investigator.  Most areas have private investigators who specialize in these types of investigations.  The investigator will be able to advise you with respect to how he can gather information information without subjecting you to criminal liability.  If your wife is truly having an affair, I'm sure that there are multiple ways to obtain proof that do not necessarily involve you placing complicated spyware on her cell phone.  The last thing you want to do is to find out that your wife is cheating AND that you are being investigated by the police for criminal behavior due to the means that you employed in finding out.  Good luck.


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