So, can I put a tracker on a car? The answer is: it depends. The legality of putting a GPS tracker on a car depends on who you are, what your relationship is to the car and why you want to track. This will cover the federal and state laws, the conditions under which you can track and the gotchas to watch out for.
Quick Hits
- Laws vary by state and generally require consent of the vehicle owner for installation and use.
- Law enforcement must get a warrant for GPS tracking, following the Supreme Court in United States v. Jones.
- You can track your own vehicle, but tracking someone else’s vehicle without consent can get you in serious trouble.
GPS Tracking Laws
GPS tracking laws determine who can put a GPS device on a vehicle, under what conditions it can be used and how the data is handled. Most states use existing surveillance laws to regulate GPS tracking rather than having specific laws for this technology. But you need to know both federal and state laws to be compliant.
Law enforcement and private investigators can use GPS trackers and electronic location tracker devices but they must meet certain legal conditions. Before you install any GPS tracking device, make sure it complies with local laws to avoid unauthorized tracking and legal issues.
Federal Laws on GPS Tracking
Federal laws don’t make GPS tracking illegal but law enforcement must get a warrant before putting a GPS tracker on someone’s vehicle. This is based on the Supreme Court’s ruling in United States v. Jones where they ruled that installing a GPS device by the government is a search under the 4th Amendment and therefore requires a warrant to be legal.
Court cases have shaped the interpretation of tracking laws, especially the 4th Amendment’s protections against unreasonable searches. These cases have set important precedents for GPS tracking under federal law.
State by State GPS Tracking Laws
Laws on GPS tracking vary by state so you need to know the laws in your area. In many states, consent is required for GPS tracking to be legal and non-compliance can get you in serious trouble.
For example, in California non-owners can’t use GPS devices without authorization and in Delaware unauthorized installation of a tracking device is a Class A misdemeanor and a Class G privacy violation.
Know and comply with state laws to avoid legal trouble. Knowing your state’s GPS tracking laws will keep your tracking activities legal.
Who Can Legally Use GPS Trackers?
Legal use of GPS trackers involves law enforcement, private investigators and businesses who must meet legal standards and get necessary permissions.
Law Enforcement and GPS Tracking
Law enforcement officers use GPS tracking in criminal investigations and to monitor suspects but a law enforcement officer must get a signed warrant to use these devices legally, balancing public safety with individual privacy rights.
Getting a warrant ensures law enforcement’s GPS tracking doesn’t violate the 4th Amendment’s protection against unreasonable searches. This requirement shows the importance of judicial oversight in GPS tracking by law enforcement.
Private Investigators and GPS Tracking
Licensed private investigators can also use GPS tracking devices as long as they have a legitimate purpose and comply with privacy laws. They must have a valid P.I. license and their tracking activities can’t be for stalking or harassment.
Private investigators must use self-contained GPS trackers and get consent when installing on vehicles they don’t own to ensure their tracking is legitimate.
Businesses and GPS Tracking on Company Vehicles
Businesses can track company vehicles using GPS devices if they have a clear policy on the purpose of tracking, data usage and security measures.
Employers should inform employees of the tracking policy and the consequences of non-compliance. Legal issues can arise if the vehicle is co-owned or if there are ongoing legal disputes so be careful.
Legal Considerations for Private Individuals
For private individuals the legal landscape of GPS tracking is more limited. It’s generally illegal to put a GPS tracker on a vehicle you don’t own without explicit consent from the vehicle’s owner or lessee.
Knowing these laws will help you avoid big trouble.
Tracking Your Own Vehicle
Tracking your own vehicle is legal and doesn’t have the same restrictions as tracking someone else’s vehicle. Many people use GPS trackers and a mobile tracking device for various reasons like monitoring their kids travel for safety or protecting their vehicle from theft.
Choose a GPS tracker that has encryption to protect data from being accessed by unauthorized people so your tracking is both legal and secure.
Tracking Someone Else’s Vehicle
Tracking someone else’s vehicle without their consent is generally illegal and can get you into big trouble. Unauthorized GPS tracking can be stalking or harassment depending on intent and state laws.
These laws protect individual’s privacy and prevent misuse of GPS tracking for surveillance. So get consent before tracking someone else’s motor vehicle.
Purpose of GPS Tracking and Legality
The legality of GPS tracking is purpose driven. Knowing the permissible uses of GPS tracking devices will keep you compliant and prevent unauthorized tracking making gps tracking legal in certain situations.
Safety and Security Uses
Common legal uses of GPS tracking are for safety and security purposes like preventing vehicle theft, monitoring elderly and loved ones.
The legality of these uses varies depending on the situation and the intent of the tracking. Using GPS tracker for safety and security purposes will keep you compliant with GPS tracking laws.
Surveillance and Privacy Issues
Using GPS tracking for surveillance raises legal and privacy concerns. Unauthorized tracking can be a privacy violation and get you into legal trouble including stalking or harassment charges. Local laws must be complied with. Electronic tracking devices will make these issues more complicated.
Privacy violations can occur when GPS trackers are used without the tracked person’s consent and can get you into big trouble. Make sure any GPS tracking for surveillance is legal and ethical.
How to Legally Install a GPS Tracker
Legally installing a GPS tracker requires knowledge of federal and state laws and consent from the tracked person. Proper documentation and compliance with legal standards will do.
Choosing the Right GPS Tracker
There are different types of GPS trackers from simple plug and play to more complex hardwired ones. Self-contained GPS trackers can be battery powered or have an external battery for power, depending on your needs. An electronic tracking device can also be part of this options.
Consider the installation, power source and specific tracking needs when choosing a GPS tracker. Choosing the right device will make tracking effective and legal.
Consent and Documentation
Getting consent is important when installing a GPS tracker as the laws require consent from the vehicle owner or lessee so tracking is legal and privacy is respected.
Proper documentation including consent forms on how the tracking data will be used and stored is necessary for legal compliance and to protect against legal disputes.
Case Studies of Legal Precedents
Legal precedents is a big factor in GPS tracking laws. Case studies like United States v. Jones and Elgin v. Coca-Cola Bottling Co. will give you an idea of the legal boundaries of GPS tracking.
United States v. Jones (2012)
In the landmark case of United States v. Jones the Supreme Court ruled that law enforcement’s installation of a GPS tracker on a vehicle without a warrant is a Fourth Amendment violation. This decision requires judicial oversight in law enforcement’s use of GPS tracking and is a big legal precedent.
This decision has far reaching implications for law enforcement’s use of GPS tracking devices to protect individual’s privacy under federal law.
Elgin v. Coca-Cola Bottling Co. (2005)
The case of Elgin v. Coca-Cola Bottling Co. dealt with the legality of employer GPS tracking on company vehicles. The court ruled in favor of the employer, recognizing the business interest in tracking company owned vehicles. This decision is a legal acceptance of employer installed GPS tracker to monitor employee performance.
This decision is a precedent for employers, GPS tracking on company vehicles is allowed within the bounds of the law.
Developing Company GPS Tracking Policy
Developing a comprehensive company GPS tracking policy will ensure legal compliance, protect employee privacy and transparency of the organization.
This policy will guide the ethical use of tracking technology.
Components of a GPS Tracking Policy
A GPS tracking policy should have details on the type of data being tracked, how it will be used and measures to protect employee privacy. It should also outline the type of GPS tracker used and its features like real-time tracking and alert systems.
Help employees understand these features so they know the benefits of GPS tracking and its use within the organization to maintain trust and compliance with the law.
Communicate the Policy to Employees
Communicating the GPS tracking policy to employees will foster transparency and trust within the organization. Methods like meetings, emails and intranet posting can be used to inform all employees of the policy.
Get explicit consent from employees and train them on the GPS tracking policy to comply and respect their rights as required by law and promote a positive work environment.
Conclusion
GPS tracking laws is a must know for anyone who will be using this technology. Whether you’re a law enforcement, private investigator, business owner or private citizen, you need to be aware of federal and state specific GPS tracking laws to comply and avoid legal issues. By knowing the allowed uses of GPS trackers, getting proper consent and keeping records, you can use GPS tracking legally and ethically.
FAQs
Q. Can a dealership put a tracker on your car?
A. It’s generally legal for a dealership, especially those under Buy Here Pay Here model, to put a tracker on your car as long as you are informed and consented. But removing the tracker can cause contract issues and potential vehicle repossession.
Q. Can the police put a tracker on your car?
A. It’s generally illegal for the police to put a tracker on your car without a warrant as it violates the 4th Amendment. However there are exceptions and legalities that vary by state.
Q. What if someone puts a tracker on your car?
A. If someone puts a tracker on your car without your consent, it’s illegal and can lead to criminal charges including imprisonment and fines. Be aware of your privacy rights and report it.
Q. Can you sue someone for tracking you?
A. Yes, you can sue someone for tracking you without your consent, it’s an unlawful invasion of privacy. Consult a lawyer to know the laws in your area.
Q. Can businesses track their employees’ cars?
A. Businesses can track company cars as long as they have a GPS tracking policy and informed their employees. But tracking personal cars without the owner’s consent is not allowed.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.