[Matysgirl]

My ex husband got a hold of my old iPhone (my son snuck it to his house). Dealing with another issue, police became aware he had my phone (trooper is a friend of his). He was told by the trooper to not charge my phone, not go through it and to return it ASAP. Well 5 weeks later, I get it back and sure enough, he went through it and he wiped out my text messages and emails. Is there anything I can do??

[Fr_Chuck]

Yes, charge the son with theft of the phone.

No first you are assuming some law on privacy that does not exist. He was in possession of stolen property, so perhaps if the son is charged with the theft, he can be charged with possession of it.

[joypulv]

You might be able to take your ex to small claims for not returning it right away and wiping it clean, but could easily lose based on the fact that civil court awards monetary damages for loss, and your loss isn't easy to define. You can't even prove that he read anything before erasing it. You could try pain and suffering. But the judge might just say you are wasting the court's time over divorce related bickering, and you are out the fee of about $50. Another judge might award you something, but I wouldn't give it high odds.