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Tag Archives: invasion of privacy

Not long ago, the major tool used to catch a cheating spouse was a private detective who would follow the suspected cheater and try to get photos of the spouse in the act. But today, with all the intelligence technology that has become so inexpensive and available, it's a lot easier to find out exactly what a philandering spouse has been up to.

Kerry DuPage County divorce attorneyHowever, this technology raises some important legal questions. Last year, the United States Supreme Court ruled that law enforcement using a GPS tracking system to monitor someone's movements constitutes a “search”. The court ruled a warrant must be obtained before a tracker can be put on someone's vehicle. The law about GPS tracking by a private individual remains a gray area.

Some states, like California, Minnesota, Texas and Virginia, allow private individuals to put a tracking device on a person's vehicle if that person gives their consent. Where there is no consent, it is considered a misdemeanor that can result in a fine and a jail sentence of 6 to 12 months.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree