GPS tracking is an easy and affordable way to monitor a person, vehicle or asset.
With extremely minimal effort, you can know where they are, where
they've been, where they're going and how fast they're traveling. But
what's legal and what's not in the world of GPS?
For
starters, it's entirely legal to use a GPS tracking device on any
vehicle or asset you own. But before you use a GPS tracking device on
someone else's person, vehicle or property, you should do a little
research on current federal, state and local laws.
As of now, here's what private citizens need to know about GPS tracking and the law:
It's generally legal to use a GPS tracking device if:
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You or your organization own the vehicle
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You or your company do not own the vehicle, but you place the GPS device on the outside of the car – under the rear bumper, for example
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The vehicle is visible to the public – in a public parking lot or on a public street, for example
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You could obtain the same location or travel information by physically trailing the vehicle
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The vehicle is not situated on someone else’s private property
It’s generally illegal to use a GPS tracking device if:
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You need to break into the vehicle to situate the device
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You need to physically hard-wire the device inside the vehicle
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The vehicle is in a place where its owner has a reasonable expectation of privacy – in a private garage, for example
You need to break into the vehicle to situate the device
You need to physically hard-wire the device inside the vehicle
The vehicle is in a place where its owner has a reasonable expectation of privacy – in a private garage, for example
You should know that the laws governing GPS
tracking by government agents, police or private citizens are not
definitive. The Fourth Amendment and other state and federal laws grant
United States residents certain protections to their privacy, including
strict limits on illegal search and seizure. But there's nothing in the
Constitution that specifically addresses GPS tracking technology – or
many other forms of electronic surveillance.
The Supreme Court and several lower courts
issued rulings on GPS in 2012, but those decisions addressed narrow uses
of the technology by police and employers, respectively. The courts
didn't address the use of GPS tracking devices by private citizens.
With its recent ruling on GPS tracking by
police, the Supreme Court left many questions unanswered. But the
justices signaled that they were ready to delve more deeply into
electronic surveillance issues. You can read more about the latest
Supreme Court decision here.
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