40-year-old woman (name withheld in order to protect the privacy of the accused) of Monterey, appeared in a San Jose U.S. District Court recently after being charged with illegally wiretapping her ex-husband’s phone, he also happens to be an ex-cop out of Pacific Grove. Police have yet to release any information concerning her motivation, but she stands accused of using her husband’s police-issued spy software (Mibistealth, StealthGenie, and mSpy) to listen in on personal phone calls and police communications, both of which are protected under law. Her husband, retired from the force about a year ago when he began a 2-year sentence in federal prison for having illegally solicited a client for his own private investigation business during the course of his work as a police officer. Reports say that he gave his wife the password freely. She was charged with illegally intercepting communications and possessing a device that allowed her to do so.
This case falls under the purview of federal law enforcement agencies, not state or local police. To that effect, she will have to continue to appear in federal court and most likely faces time in federal prison. If convicted, she will face up to 5 years in prison and a separate $250,000 fine for each instance of illegal wiretapping that the prosecution can prove. This is according to Title 18 of the United States Code 2511(1)(a) (Interception of Communications) and 2512(1)(b) (Possession of an Interception Device Transported in Interstate Commerce).