This is somewhat related to this question. I went for a consultation a couple of weeks ago and was told that what I found in my ex’s email is okay because he has “no reasonable expectation of privacy.”
Here’s the situation. He has several email accounts. The one that he has used for a LOT of communication with people about our current custody battle is an email address that I myself owned years ago. I set up the account for him. I set the password. He never changed it. He took out his suit for custody against me about six months ago, and in May, just on a whim (and feeling very, very angry because of the lies that are being told about me, and the behavior of him and his attorney), I tried the password. I hadn’t tried it before that, because for some insane reason, I thought it would not be playing “fair.” Wel, he has pushed and pushed and pushed, and I finally did it. Lo and behold, if this guy has still not changed his password. I found quite a bit in that email box–lots and lots of lies, a little bit of communication from his attorney (even his attorney once telling him that my request was reasonable, only to have my ex throw an e-tantrum with the attorney, and the attorney telling him what lie to tell me!).
So, was the attorney who told me that what I have found in that email box is fair game, correct? He had no reasonable expectation of privacy?
I did not change the password. I have not uesd the email account. I have not tampered with his mail at all, not in the least. I have merely taken screen shots of things I think might help me prove that the guy is a liar and is very unstable. Are these emails admissable?