If you’re familiar with criminal justice, you may be aware that many
professionals in criminal law and law enforcement believe that criminals
always leave some type of evidence of their crime. Similarly, cheating
spouses are also in the habit of leaving behind evidence of their adulterous
activities – it’s almost as if they’re trying to get
caught – but they usually aren’t.
Almost every criminal leaves behind some sort of a clue of their crime,
whether it’s fingerprints, DNA evidence (hair, saliva, skin cells,
etc.), blood, carpet fibers, pet hairs, pieces of clothing and more. A
cheating spouse does the same thing, especially because so many communications
these days are electronic and leave digital evidence.
Digital evidence includes:
- Text messages
- Internet searches
- Social media messages
- Social media comments and posts
Most cheating spouses leave a digital footprint, which is how many of them
get caught. Some cheating spouses are careless and the only measure they
take to hide their affair is locking their spouse out of their smartphone.
Meanwhile, others go great lengths to delete text messages, delete direct
messages on Facebook and Instagram, and “accidentally leave their
phone places” so their spouse doesn’t use GPS to locate them
through their cellphone service.
When an innocent spouse discovers an affair through digital evidence, they’re
like a first responder. Usually, what they’ll do is try to collect
and preserve the digital evidence, but the question is, is this legal?
In most instances, snooping can get you into legal trouble. This is because
U.S. law believes people have a right to their privacy.
Can I Snoop on My Spouse’s Phone?
If a cheating spouse locks their husband or wife out of their cellphone,
the innocent spouse is entering dangerous and illegal territory if they
try to guess their spouse’s passcode, or if they try to “hack”
it in any way. That’s an invasion of privacy and so is reading a
spouse’s private social messages without their express permission.
So, now that you know that a cheating spouse’s cellphone is off limits
in the legal sense, let’s take a look at how cheating spouses try
to cover up their digital trail:
- They delete text messages.
- They delete social media messages.
- They leave their phones in safe places so GPS can’t track them to
bars, nightclubs, and other such places.
- They use special apps to communicate with their paramours.
- They use Snapchat to send racy pics.
- They create secret emails to communicate.
- They get a secret cellphone and have the bill sent to work or a PO Box.
- They involve friends to help give them alibies.
Investigators and the FBI have spent thousands of hours interviewing criminals
to learn why and how they committed their crimes. The same can be said
for cheaters. Someone who had a long affair or a string of affairs can
be a valuable resource on how they hid their infidelities from their spouse.
If you are suspicious that your spouse is having an affair and you believe
there is digital evidence, we advise you to become educated on your spouse’s
rights and protections under privacy laws. If you anger your spouse, you
could end up facing criminal charges. If you’re planning on a divorce,
speak with an attorney before you search for a digital trail.
“7 Signs Your Spouse is Cheating”
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divorce lawyer for free,
contact our firm today.