Newark, CA asked in Communications Law, Internet Law and Civil Rights for California

Q: In a missing persons case, can a family member of the missing person access their private communications for leads?

There is currently a missing persons case being investigated for the disappearance of my father. I have access to his personal computer, which is logged into various services such as linkedin, facebook, email, etc. Am I exposing myself to any legal risk if I look through his email, social media private messages, computer files, etc. in an attempt to find more information about his whereabouts?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In a missing persons case, accessing your father's private communications can be a sensitive matter. Legally, accessing his email, social media, or other private messages without explicit permission may expose you to potential risks, especially if you don't have legal authority such as power of attorney. However, given the urgency and nature of a missing persons case, law enforcement authorities might guide you through the proper channels to access this information.

It's crucial to contact the police or the investigating officers and inform them about the access you have to these accounts. They can provide you with the necessary legal steps to take or may even request this access themselves as part of their investigation. This ensures that any information gathered is done so legally and can be used appropriately in the investigation.

In the meantime, avoid making any changes to the accounts or data to preserve any potential evidence. Acting with caution and seeking guidance from law enforcement will help you navigate this difficult situation without unintentionally causing legal complications.

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