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.
can repo company put gps magnet and follow in california
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?
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.
CA penal code section 637.7 is your answer. no it is not legal for someone to invade your privacy by electronic devices.
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.
Thanks. It helps a lot.
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
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.
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.
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?
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?
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 …
Here in Washington State, the police are very much interested in boyfriend/girlfriend squabbles and my young son, unfortunately learned the hard way. His girlfriend at the time,placed some type of tracking device on my son’s phone,who figured it out quite quickly and removed it,however in “retailiation” did the same thing and place the same tracking device on her phone. When she found it, instead of doing the samething and removing it, she called the police who responded and decided to persue charges of “Stalking” and since they were in a relationship (obviously a dysfunctional one) gave the Stalking charge a Domestic Violence tag.Domestic Violence in Washington does not have to be physically or abusive, only a “crime” where as the people involved has or had any type of relationship. Once a so called crime has a DV tag, it is no longer up to the (and I say this very reluctantly)victim to persue or drop any charges. The state moves forward no matter what. Even though the (of course by now Ex-Girlfriend) openly admits that she had put this device on his phone to begin with and made sworn statments that there was never any type of violence etc. The State still moved forward, costing the family a large amount of money to defend him against “Stalking-DV” crime. In the long run, it was reduced to a “Computer Tresspass – DV” charge. So this is just a warning to all, that placing any tracking device without someone’s knowledge could be persued by law enforcement as “Stalking”
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?
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
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.
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.
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!
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.
I believe my husbands crazy ex wife may be following our every move on OUR COURT ORDERED VISITATION DAYS & OVERNIGHTS by using a GPS tracking devise in the child’s cell phone when he is with us. Is that legal?
I can’t see how it is if it is our court ordered visitation day. I feel this is a total invasion of my privacy.
Thanks for any feedback.
I can’t comment on what is legal and illegal … I’m not a lawyer. However, the easy solution is, turn off the cell phone. Or is that too simple?
Okay if you dont want the repo man to take your how about you not worry about the fact if they can or canot put a tracking device on it how about you pay your god damn bill gina
I should have told JT to watch the language, don’t attack the person directly and all those other goody-goody things and then I realized how many of our problems today are caused just by that one factor … people who refuse to pay their bill … financially or morally.
Be well my freinds.
Is it legal to put a GPS Tracking device on my ex husband, so i know where he is taking my children.
Shultana, hello and thanks for writing in. When you say put a device “on your ex-husband”, are you talking something attached to him, personally, or to his car? Tracking him, physically is likely illegal and so is putting a tracker on his car … again, there are 50 different states and 50 sets of laws, so you really need a lawyer to research this for you.
My husband and his dad have been working for this company for quite some time. They are the top sales men for the company. They now have a hand held computer that has a hand held printer. They just put the GPS system on it and they are tracking them down. they do not own the trucks its there personal truck. There sales or business is not going down. My question is do they have the right to locate them? They are not being paid hourly!!
Hi Dayna, thanks for writing in with a question. But I’m sorry, I don’t know what the answer is. First of all, you say these men are ”working’ for the company. If they are employees, it’s very likely the company has every right in the world to tack their employees.
Some of you other comments indicates they might be independent contractors. In that case, could be the company does not have the right to track them. But again, no way to know without knowing their legal status.
Most important, though, in this case … your husband and your dad-in-law seemingly agreed to have the trackers out on their personal vehicles … this in effect probably makes it legal, anywhere .. they gave their consent.
There are a lot of business reasons to track sales people, even in their own vehicles. Number one reason is, are they being paid for mileage or other vehicle expenses. Some employees cheat on this, some companies cheat (or ‘forget’ to pay). The GPS is an independent, unbiased witness.
Another issue is personal safety? As a wife and daughter-in-law, you don’t sometimes worry about one of them laying injured in a roadside ditch, or being kidnapped, etc.? GPS provides some safety there. It also frequently protects employees against false claims where someone alleges they did something unsafe, ir caused an accident or some such.
So the GPS works both for and against employees/private contractors. Is it better in your case that they have it, or not have it? Only you can make that decision, but it appears your husband and father-in-law already made the decision for themselves.
One thing for sure … this story points up the mistake companies make time and time again with GPS tracking. Do Not implement it without educating the workers on:
What you are using it for,
Why you are using it,
What their rights and
What the company’s rights are, in advance.
Slapping on GPS tracking and leaving the workers ‘in the dark’ is a recipe for hate and discontent, and shows a glaring lack of respect for your works. It’s bad business all the way around.
IS IT LEGAL IN FLORIDA FOR A DEALER TO CHARGE FOR A GPS DEVICE AND COLLECT FLORIDA SALES TAX ON THAT AMOUNT?
I really don’t know, Phil. I’m guessing you are tlaking about a used car dealer here, where the dealer puts a GPS oon the car so he can find the car for repossession if you fall behind on payments?
The law is different in all 50 states, and I don’t get paid to research all of them … I’ll guess, though, that the dealer knows the legality … else why would he invest in the GPS program, possibly alienate customers with it, etc.? But to find out, for sure, becuase I can see this has upset you a bit, contact the Florida Attorney General’s Consumer Protection site. That’s where you’d get authoritative opinions on something like this. Godspeed.
So Dave,
It sounds like you really need a law degree!
Hope you’re having fun!
Your buddy,
Bruce
Indeed it does seem like legal territory all the time, Bruce. It’s really a shame more individuals (and businesses) don’t realize that good can be done with GPS tracking, not just ‘dirt’.
Hi, I think someone in my apt building has been tracking my phone for some time, they seem to know everything I say and do. I figured if I leave my phone in my apt, and go out if no one actually sees me they don’t seem to know I am gone. They break in my apt if they can make sure I have left the apt. I have told the police this over and over again and I don’t think they really believe me. They are nice and file complaints, but, it hasn’t stopped, what can I do to stop this. I have told management in my apt building, and they are angry that I have told the police and am making waves. I will move eventually, but I am handicapped and cannot do this right now. I am also being harassed in my apt building. Thanks, Vicki.
Hi Vicki, thanks for contributing to the community here. I have to say, though, I’m at a loss as to what this has to do with GPS? Assuming someone is tracking your cell phone, they don’t need GPS to do that. And ‘knowing everything you say’? That sounds as if they are actually tapping your phone itself. If the police won’t help, how about your cell phone carrier. If your landlord won’t help, how about the Better Business beueau or your city council? Bst of luck, I don’t see how GPS can do much about your situation, though. Godspeed.
I am registered co-owner of my wife truck. I installed a gps tracking device without her knowledge. I am in Pa. If she finds it can I be arrested or charged with invasion of privacy?
Hi Dude, so far as I know, an owner can track his or her own vehicle as desired,and they don’t need to inform other drivers. BUT, I am not a lawyer, so my opinion has as much (or as little) weight as what ‘they’ say down at the local pub.
You sound perhaps guilty, worried, concerned about this. Why would you even consider arrest ot prosecution, unless something has already happened … or someone said something … or???
Is it legal fo my live in boyfriend to track my car in the state of oklahoma
It’s probably not legal. But the question is, why are you asking? Is he tracking you? If so, don’t ask me, go to the police … they would be the one’s who have to deal with it. Frankly, anyone who would put up with that level of trust with someone you are not related to or married to is not using sound judgement.. Respect yourself more, that’s my non-GPS advice.
If you are the sole owner of a car, and it is paid it off, no liens, etc., and you find a GPS tracking device on your car, can you legally remove it, even if you don’t know who put it there? Presuming that you don’t know who put it there, could there be some circumstances in which it would be illegal to simply rip it off your car and dispose of it?
I seem to remember a situation in which some sort of information collection devices were put on the car by the manufacturer, and the manufacturer claimed that they own it and the info it collects.
Then there is the possibility that a tracker could put there by law enforcement, unbeknownst to you. I believe that the Supreme court is right now debating the issue of whether law enforcement needs a warrant to track your vehicle.
I am not a lawyer. However, I am pretty confident in saying any device you find on a car you own you can remove …better make sure you know what you are disconnecting, though, I’m not a mechanic either.
I’m thinking your confusion factor regarding manufacturer proprietary data involved a number of lawsuits a few years back .. most involved Ford .. where Ford did not want to give access to data stored in certain computer systems built into the car. These did not have anything to do with GPS tracking, they mainly revolved around engine, transmission and braking system performance data.
The basic argument against Ford’s claim of ownership of the data was restriction to trade. Independent mechanics were not able to access the data via computerized test equipment, effectively forcing owners to use only Ford dealerships for service. Not surprisingly, Ford suffered a resounding loss.
But I know of no such cases/restrictions that involved any GPS tracking systems.
If Somebody don’t like you or hates you a well placed GPS or just following Can be used to do you harm .
If They want to get you in trouble. They can stick one on you & make things happen where your at.
Plain Simple Underhanded and Sinister.
Worst thing You will never know somebody doing it to you till its to late.
Then they need to make you look like some nut job to finish you off. GPS should only be used when there’s facts Not Speculation.Any group of Haters can do an unsuspecting person in.
If someone wants to do you harm bad enough Good F******G Luck. In my case The Male is the target.Me
Well, it’s all true … although people can get you in trouble/do you harm without any GPS involvement at all. Seems to me as if you are focusing on the technology rather than the reasons people might want to do you harm. But, hey, no problem, thanks for your thoughts on this …
Thank’s for the 4 reply. When you inform on people and they find out your the source.GPS and or the sky might be the limit to needing to know where there MARK is.
I have no reason to think there going to stop doing what there doing.Just need someone to know i’m telling the truth.
The statement in this thread is dead wrong ” 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.”
Has the author read the Supreme Court decision of January 2012 concerning the GPS tracking of Antoine Jones without a warrant?
If the author has knowledge of that key decision, how can he still make the statement above? Seems blatantly irresponsible to me. And dead wrong.
Thanks for your opinion, Bill. It’s not clear to me exactly whose statement you are referring to, but of it is mine, based on laws as they were years before the Supreme Court decision that came in 2012 (which I dutifully reported on here), sorry ’bout that. Are you sure there aren’t statements you made 3 or 4 years ago that may today be changed because the laws have changed?
Cut me some slack, dude. (hint, I am sure there are typos on this site and perhaps a fractured syntax or two as well. Feel free to find them and comment on them as well). It is what it is. As always,if you need legal advice, see a lawyer, not someone’s personal opinions (clearly disclaimered as personal opinion, not legal advice)
irresponsible not to re-edit everything I have written over the years because the law changed? Just how much did you pay to come here and read, anyway? Send me a copy of your receipt for payment and I will happily refund you triple your fee.
Well I think it is a disgrace for any state to say it’s legal to allow a company you work for to put a tracking device on your personal car and to also put the device on your spouse’s car that doesn’t even work for that company. It is a scary feeling to know someone put a tracking device on your car without your knowledge and you find the device under your car. Whats next are we gonna allow are jobs tap are phones to. It should be illegal to put a device on anyone car without there knowledge unless they have a court order.
One comment stuck out- police can track someone if they can do so by other means. So they can GPS you if they could also tail you. This was not held up several months back b/c they collected so much information on his whereabouts that it would have required several officers working 24/7 tailing the suspect. It is obvious that is not realistic for police agencies to do..so the court effectively limited how much of the data could be admitted and the extent cops can just sit back and let the GPS do everything for them.
I bought a vehicle and was told the GPS tracker was a tracker in case it was stolen. But when I called the lein holder about where to send the payments to because the dealer did not give me that info, I asked about the tracker & was told that if payments weren’t made on time they would shut the car off. I am very upset because the dealer did not inform me of this. So my question is, would it be illegal for me to unhook it? It creeps me out knowing someone is tracking my son’s every move ( the vehicle was bought for my son). I live in Alabama. I am going to the dealer to talk to the general manager but it probably won’t do any good but they will know I am not a happy customer because I also found that I was charged for gap insurance that I did not need because I had to have full coverage before pulling off the lot!
Sorry but the only person who can really answer this question for you is a Lawyer familiar with Alabama law. The GPS may be contractually required by the purchase contract. Then again, it may not … no way I can offer an informed opinion, sorry.
Hi the issue I have with trackers on company vehicles of which is been trialed in the company I work for after the New Year is the element of trust. We are sales representatives in a large company which involves a lot of out of hours working on our own time. This tracking means we will be subject to 8am to 6pm tracking but what about after hours at home. I pay benefit in kind too.
Sounds like a problem between you and your employer. I see absolutely no reason a company can not control it’s own assets. But certianly this may stick in an employee’s “craw”.
When you say “benefits in kind” I am guessing you are talking about the availability of the company vehicle 24/7 being considered part of your overall income?
Seems to me that the tracking protects not only the company’s bottom line, but yours. But if you still don’t like it, I don’t see any legal thing you can do about it. Sorry
is it legall to put a gps tracking device on a car that is parked in a public parking lot
@ auston
Thanks for writing in. Have to respond though that it’s essentially impossible to answer your question based on the information provided.
The most important consideration would be, who owned the car, who placed the device, how “Public” the parking lot might really be, etc.
You should consult an attorney in your state for real advice. On the Internet you will get dozens of opinions and “I thinks”, but no layman’s opinion, including mine, is worth anything without knowing the law of your state and the particulars of your case.
can my employer use GPS tracking device. I am a general manager and using my own personal vehicle, I’m in California.
@ MLM
Well there’s too little info here to form an opinion? By “use GPS tracking device”, do you mean he wants to install one on your vehicle? Or is there one already there, or???
In general, if he informs you, and you chose to allow it, certainly he can. If he tries to install something secretly and use it without your knowledge, then he has probably crossed into the land of illegality. In general, though, an employer has the right to monitor employee’s work performance during duty hours … GPS or no GPS.
Does he pay you for the miles you travel for business? You might very well want to be tracked just for tax purposes … you know you have to declare whatever reimbursement you get for mileage, and be able to prove business mileage use.
But if you are real, and want to discuss this, write back with some more info.