I know laws differ from state to state and that any information posted here does not constitute legal advice… D
What are the laws like in your area/state regarding one spouse asking for an acqusition of the other spouses account on a jointly owned computer?
I'm not aware of any precedence on this issue. And I don't want to be the cause of any. I think it pays to err on the side of caution. And it depends on a couple of things. Does each spouse have separate user profiles? Are they password protected? If so does the potential client know the password? What we are trying to demonstrate is that your client had access to all portions of the hard drive you are to examine.
If there is an analogy it is the locked container. My spouse has the authority to grant a search of our house but does she have the same authority to grant access to a filing cabinet that only I have access to? The courts go back and forth but in most cases I think you can get away with it.
My normal advice is to have the attorney get an analysis ordered. It gives your client's spouse an opportunity to erase things. Proving that in most cases is better than anything you would have found anyway.
You will find one of the major issues involved will be location of the computer.
A question that is normally asked would be is the computer in a "common" area such as a living room, family room, basement, etc as opposed to in a locked office.
Another consideration is does the spouse has an account on the computer? Are the accounts password protected? If each user has their own account and unique password the assumption of Privacy is stated and should not be violated. I would wait for the issuance of a discovery subpoena.
If no accounts or passwords are present and the wife can demostrate uncontrolled access or if the wife has an account with administrator rights I would say the computer is fair game. I would get it in writing by the wife stating those facts and that she authorized the creation of the image before I touched the computer. A verbal consent can leave you in the hot, hot sun with no cover and all alone.
Very good points on all accounts.. Thanks!
How about if one spouse deletes everything on the machine? Wouldn't that be a form of abandonment?
I think deleted material is fair game to anyone with access to the computer as they have equal access to the unallocated space. Please understand I am not an attorney, but am offering this as my observation only.
Something else that may or may not help you is not taking a case from an individual.
I wont take cases from people unless they are represented by counsel, and then the counsel would have to retain me. When counsel hires you while you could still be doing the work, you would have the benefit of someone who looks at the situation from a legal standpoint.
I agree entirely. The client is represented by an attorney and I've advised them to discuss this with said attorney before I do anything. I'll start the case when I have the attorney's signature on paper. I was just curious about different views and experiences with this kind of situation as it's a new (and gray) area for many.
