Does a Spouse Have an Expectation of Privacy When It Comes to GPS Tracking or Cellphones?

Case law in this area is very limited. Texas Penal Code §16.06 states that a person commits a misdemeanor “if the person knowingly installs an electronic or mechanical device tracking device on a motor vehicle owned or leased by another person.” However, if the vehicle is community property, then a person may not violate the statue even if they are not listed as the owner of the vehicle.
So what about cellphones? Can a spouse rummage through another spouse’s cellphone? Is there an expectation of privacy even if it is considered community property?
The cautionary answer is that a spouse may enjoy statutory digital privacy rights in jointly owned property under Texas Law, including those on a computer.
Various case law has held that a cellphone qualifies as a computer and has rejected the position that a person has effective consent to access a cellphone because it was community property.
Texas Penal Code §16.06 criminalizes unauthorized computer access. It is a Class B misdemeanor or a state jail felony if a person knowingly access a computer, computer network or computer system, without the effective consent of the owner.
Owner is defined as a person who, inter alia “(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; [or] (B) has the right to restrict access to the property [.]” Texas Penal Code §33.01(15).
Based on this a spouse, whose cellphone is used by them on a daily basis and it is their primary means of contact, has the right to password protect the phone and the other spouse has no legal right to access it without their permission. To do so could be a possible violation of the Texas Harmful Access by Computer Act which grants a civil cause of action to victims of computer crimes.
Should you find yourself in need of legal guidance on this subject, contact the attorneys at Waldron & Schneider to schedule your appointment.
Senior Associate Attorney Heather Benzenhoefer writes about trademark maintenance in her blog.
... See MoreSee Less

Trademark Maintenance - Waldron & Schneider
www.ws-law.com
Your company name can be essential to the success of your business. Similarly, a unique logo or clever slogan can set you apart from your competition.- Likes: 4
- Shares: 0
- Comments: 0
Partner Richard Simmons volunteered with Space Center Rotary and other local rotary clubs to package 10,000 meals for Rise Against Hunger. ... See MoreSee Less
Waldron & Schneider would like to congratulate Litigation Paralegal Maria Rosado and her husband PJ on the pending arrival of their new daughter, Nati. ... See MoreSee Less
Thank you so much!!! 💕💕💕💕
3rd year Law Clerk Collin Bullard writes about ensuring the safety of trust property transfers in his blog.
... See MoreSee Less

Ensuring the Safety of Trust Property Transfers - Waldron & Schneider
www.ws-law.com
Texas law prevents deeding property to a trust, and any such attempt will be found void. Contact us for more information.
Partner Vanessa J. Maduzia writes in her blog about what to do and how to protect oneself when the lottery is won.
... See MoreSee Less

I Won, What Do I Do Now? - Waldron & Schneider
www.ws-law.com
Defamation typically was pursued against mass media or at a much smaller lever – mouth to mouth or pen to letter.