Is It Legal To Put a GPS Tracking Device on Someone’s Car?
I regularly read the search words and phrases that readers use to find the GPS Tracking ROI blog. The title of this post is a very common one. It’s also the kind of question that is very easy to answer. Without any quibbling the answer is, yes, no or maybe.
Oh, you wanted a more definitive answer? Well, here it is. First of all, remember that I am an expert on GPS tracking business and technology, I am not a lawyer and do not offer legal advice. If you have a legal issue, you need a lawyer, period.
Is She Being Tracked?
photo credit: William A. Franklin But I can give you some clues. The question as it is written is nearly impossible to answer accurately. You really need to go through a chain of other questions to get even close to an answer. Here are a few things that will get you in the ball park:
- Are you the owner of the car in question? If you are, it is almost certainly legal in all states, except (and this can be a big exception) if the person you are gathering information on is an adult and a co-owner of the car … example, your spouse. You could get in a jam regarding invasion of privacy and such, and you could find that information you gather is legally inadmissible. You really need a lawyer’s advice on that one.
- Is the person being tracked your own child? If so, placing the device is likely legal under some conditions almost anywhere. As a general rule minor children are not entitled to an expectation of privacy from their parents. If it’s someone else’s minor child, though, I wouldn’t walk away from the idea, I would run.
- Is the installation secretive or disclosed? example, if you are a car rental company and you warn people that you are tracking the car it is likely legal. If you just install the device and use it clandestinely you are likely running a grave legal risk.
- If the person driving the car is your employee, it’s almost certainly legal. Again, though, disclosure is the better part of valor. I also find, from experience, that companies who disclose GPS employee tracking properly, in advance, gain more benefit than companies who try to keep it secret.
- If you are a third-party, like a private investigator, your question is way beyond my scope of knowledge. All 50 states have their own set of laws and the specifics of each individual case may be different. Again, seek proper advice before you act, nor after you have already ‘stepped in” something.
- If you are a law enforcement agency again your state laws may vary. In many cases over the past 10 years courts have held that police can track people mainly at will as long as they are only gaining the same information that a law officer could gain by other means … example actually following the vehicle physically.
- GPS surveillance in many states is legal even without a warrant in many states, based on the above rule. An important differentiator about warrants in many states is entrance to the vehicle. If an officer can attach a device without gaining entry to the vehicle it is often legal without a judge’s approval, if entry us required so is a warrant in many cases.
- And as a windup, will the act of placing the device take place on public property or on the car owner’s own property? Even police agencies often have to get a warrant to go on private property for an “install”. Let’s suppose you are a private citizen wanting to track another adult for some reason you think is valid. Even if the act of tracking is legal in your state, the entry onto another person’s property is likely trespass and in many states that’s a serious crime in itself.
So now that you are thoroughly confused, here’s my parting thought. Think through the reason you might have that question in your mind. What are you doing wrong that would cause you to suspect you are being tracked? is it worth it?
Remember there are many ways to track a car or person without GPS installed … cell phones being a prime example, so it may be more profitable to evaluate your lifestyle rather than this often complex question about GPS Tracking.
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gina
can repo company put gps magnet and follow in california
dave
Hi Gina, thanks for commenting. Your question is interesting and important in these troubled times. Sorry, though, it is not one I can answer … I’m not a lawyer, and you need a California lawyer to advise you on this one. There are so many complex legal issues here … and almost all that I see written on questions like this seem top refer to the rights of police, which likely are different than the rights of a repossession agency. The again, when the repo agency has a court order (which they normally do) to repossess the car, they are acting under the authority of the court, so they may have adifferent set of rights than John Q. Citizen. Again you need a lawyer.
I’m interested in what prompted this question? Are you working for a repossession company, or are you trying to hide from one? Or are you thinking about (legal) revenge after one took your car?
Dan
CA penal code section 637.7 is your answer. no it is not legal for someone to invade your privacy by electronic devices.
dave
Thanks for that helpful answer, Dan … however, it’s only particlaly correct. Here’s what the law actually says:
If a registered owner wishes to have the vehicle tracked, such as a husband or wife wishing to track their possibly errant spouse )if the car is registered to them) , or a business owner wishing to track Assets He Owns then tracking is perfectly legal in California. That’s why I advised the original reader with a question to consult counsel, and I still do.
Unqualified “Drive by” answer like yours may be helpful or they may be leagal hand grenades.
Reid
What about GPS tracking of people with dementia/alzheimers disese? Or using GPS to locate residents of an assisted-living facility? Not sure when this artical was posted
dave
Not quite sure of the question here, Reid. Is it legal to track nursing home residents or assisted living patrons? Certainly, if they agree.
It’s legal to track anyone who agrees. The problem with tracking this segment of the population is, the hardware/software for practical ‘wearable’ tracking devices is not yet ready for prime time. It’s not quite like you see on TV.
James
Is it legal in North Carolina for a person who does not any ownership interest in a vehicle and is not married to you to put a GPS tracking device on your car? My ex-girl friend did this and I have proof.
dave
Hi Gina,
Possibly they can. If they’re an agent of the lien holder they will likely be treated as having an ownership interest. But I really can’t say, becuase not only do all 50 states have different laws, even counties have gotten in the picture. I’m not a lawyer. If you have a legal issue, you need one. Best I can tell you.
dave
James, how are you. I am not qualified to answer that question, laws differ from state to state and even from county to county at times. It sounds to me as if you need a lawyer, and/or a consult with a police detective, because the “I have proof” statement leads me to believe you are contemplaying legal action of some sort. Better get qualified advice before you say something in a public place (the Internet) that later leadsto problems, know what I mean?
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tommy
my? if im living with my girl friend can she put a gps on my truck with out me knowing and the truck is in my name not hers she want to be able to follow me with out me know can she do that?
dave
Hi Tommy, thanks for writing in. The “legal” answer to your question probably depends on what state you live in. In many states, only the registered owner of a vehicle an consent to tracking. So in many states, she can not _legally_ track a truck that you own. However, she certainly might do it on her own, contrary to the law.
What’s to stop her? What’s going to happen to her if she does it? Police SWAT team breaking down the door? In practicality, if she wants to do it, she can and worry about the legalities later Police aren’t likely to be much interested in boy friend/girl friend squabbles unless there is domestic violence involved, they are unlikely to haul her off to jail for violating some privacy law … in most cases you couldn’t do much more than file a civil law suit, and that would cost you a bundle, even if you win.
Man to man advice? Figure out why she seems to feel the need to do this? Does she have reason to suspect you, or is she paranoid? There’s more at play here than GPS tracking, me thinks …
Holly
Would it be illegal to track my 40 year old neighbor who won’t stop messing with my kids? Just to get an idea of if he’s a threat or not?
dave
Hi Holly, thanks for writing in. Based on what I know (I’m not a lawyer, remember) it certainly would be illegal. Here’s some info that may help:
In the first place, what does “messing with my kids” mean? If you mean inappropriate sexual behavior, trying to get them alone, stalking/spying on them, etc., then you should run, not walk, to your local police department and explain what’s going on … right now. Mother’s usually have a pretty good sense in this area, and sadly, some neglect the feeling becuase they feel they have to have proof before they talk with the police. Not so. Most police departments are pretty well versed in these situations these days, if you happen to run into a ‘dud’ department, go higher … your state police, city or county prosecutor’s office, etc.
If it turns out there is nothing behind your fears, hey, no problem. If there is, you could be saving your own or someone else’s children too so this is too serious to ignore. Trying to do trackig and other ‘detecting’ on your own cold actually jeopardize a possible case against this guy, so take no chances.
Now, if by “messing with” you mean he’s obnoxious or nasty or seems to be mean to them, then you have a judgment call to make. Harassment is illegal too but police won’t take it so seriously in many cases. The US has become a nation of “F-U screamer’s” and raised middle finger people, and there is no law that requires politeness and decent manners.
Only you can decide if it is time to approach the police yet. But one thing for sure, if this guy isn’t any sort of a criminal, but just a genuine asshole, then trying something illegal like tracking him will only give him ammunition to make life harder for your kids.
Hope this helps, and again, if you really think this guy is a pervert, get law enforcement help now, stop thinking about playing Nancy Drew, we all tend to watch too many TV crime shows … or at least I sure do
Keryl
If a lawyer asked you to come to his office for a meeting just to have his investigator put a GPS on your car for a client it was later learned he represented, is that illegal and is there a way to get proof after the fact that you were tracked by that means.
Howard
One wonders if it is legal for the police to place such a device simply at the request of some influential individual. Also, once the device is placed, how long is it legal to leave such a device in place? And what if the device was placed for no good reason or mere suspicion. Would not plain decency dictate that the person wrongfully tracked be informed afterward and the device moved!
dave
Keryl, there’s no real answer to your question, except for an attorney. In other words, what state did this occur in (all states have somewhat different laws on this, was the car yours (no one else on the title), who was the client (any marital/parental/employee relationship, etc. If you feel you were wronged and tricked like this, you should seek legal advice.
As far as proof by showing the tracking somewhere? There’s no central repository, or record of tracking in the satellites, if that’s what you are thinking. If the device recorded dates, times, locations and if you can get access to those recordings … sure.
dave
A judge in the state involved would have to answer your specific questions, Howard. In general courts have ruled that driving a car is no different than walking on a public street …no expectation of privacy, and the GPS tracking doesn’t invade privacy any more than someone following you in another car … so there are often no special restrictions on GPS. But, again, all states may be different.