The iCloud Password and the Magnetic Tracker
A woman in Great Falls hires a PI to investigate her estranged husband. She gives the PI the husband's iCloud username and password and asks him to download text messages and photos. She also asks him to attach a GPS tracker to the husband's truck, which is titled in the husband's name. The PI says he does not personally do phone extraction, but he gives her the name of an 'IT contact' who will 'clone' the phone for $400. That night, the PI attaches a magnetic tracker to the truck's rear bumper while it is parked in the husband's driveway. Two weeks later the husband finds the tracker and complains to the Board and police. The PI's file contains the client's written request and the PI's invoice for 'electronic surveillance.'
1. Analyze the phone-access request and the PI's referral.
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The PI should not facilitate access to the husband's iCloud account. Using someone else's credentials to download messages and photos can violate Montana computer-crime and privacy statutes, and possibly federal law. The client's status as a spouse does not automatically authorize access to the other spouse's accounts. The PI's referral to an 'IT contact' does not cleanse the problem; it can look like aiding the same unlawful access and may expose the PI to discipline for dishonest or improper conduct. The PI should have declined in writing, documented the refusal, and warned the client that the IT contact could be committing a crime. He should not accept a fee or share in the $400.
2. Was the GPS tracker lawful? What should the PI have done?
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Attaching a tracker to a truck titled to the husband, parked in his driveway, without his consent is risky and likely unlawful. It involves physical trespass to the vehicle and covert tracking that can violate privacy and stalking laws, especially if the client is using it to monitor the husband's movements. A PI's license does not create an exception. The PI should have refused unless the client owned the vehicle or had documented consent from the owner, and even then should have confirmed that the use was lawful. After the fact, the PI should remove the tracker immediately, preserve the device and records, tell the client to stop using any tracking data, and consult counsel. He should not destroy evidence after a complaint.
3. How should the PI respond to the Board complaint?
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He should respond on time, in writing, and truthfully. He should not alter the invoice, delete the client's request, or coach the client. He should provide the engagement letter, the written request, the invoice, the tracker logs, and a chronology. He should acknowledge what he did, identify the legal concern, and explain corrective steps. If he believes the client misled him, he can say so, but he should not blame her for his own decision to place the tracker. He should cooperate with any parallel police inquiry and avoid discussing the matter with the husband. A prompt, candid response and remediation may mitigate discipline, but it does not guarantee dismissal.