Anyway, I guess I'd like to know if others have been charged and if the charges were successfully upheld or if judges had leniency due to the circumstances. I know that when that guy in Illinois got busted breaking into wife's gmail, people here were shocked and assumed it would be thrown out of court.
This statement makes me question your motives.
People are aware of the legalities and they are aware of the Michigan case. People were not so much shocked as sceptical about a successful outcome for the prosecutor. To date, the Michigan case has still not been resolved.
We talk about the legalities all the time here, because particularly spiteful WS have been known to threaten legal action. We encourage the BS to challenge the WS to go to court and have to admit to their conduct under deposition.
It is unlikely that the spying techniques are illegal in many cases, because the equipment being spied on is joint marital property. It is also unlikely that the WS will discover good spying techniques. I wonder what you did or said to make your wife suspect a GPS on her car and question you under oath. It is common sense that the BS must take great care not to be discovered, because discovery ruins the collection of evidence.
Finally, it is unlikely that a WS will carry through the threat of legal action, even if the spying was illegal in their state. They have a lot to lose by being questioned under oath about their affair.
Many BSs here, including me, think that the risk of court action does not outweigh the need to know the abuse that is being perpetrated on the BS and children. Being taken to court is a risk worth taking. Perhaps
you don't think that the threat of court action was not as important as knowing the truth about your marriage, but many of us do.