Daily GPS News

The Legality of Vehicle Tracking Systems

Posted on June 7, 2009 in Auto Theft, Insurance, Vehicle Tracking | by RMT GPS News

By Greg Bartlett

Many people are afraid of new vehicle tracking systems and the increased technology that surrounds our world today, because they feel that their privacy is continually being invaded and there is no one to stop this invasion. However, there are already laws in place about GPS tracking and as time goes by and these systems become even more widely used, there will be more restrictions put into place.

Scales of Justice

Scales of Justice

In most instances, vehicle tracking is allowed if the registered owner of the vehicle has consented. This opens the door for businesses and private homes to freely use GPS trackers in many different ways. Parents have the freedom to track their teens driving without informing them, but things are a little more unclear when it comes to tracking spouse infidelity. According to the law in most states, the owner of the vehicle has to have given permission. Unless the straying spouse is driving a car that is in the name of the suspicious spouse, this kind of tracking may not be legal. We recommend that you receive legal counsel or contact the local authorities about this kind of tracking.

Business owners also own company vehicles, so they do not have to inform their employees that they are being monitored. They may choose to, however, because it will probably be more beneficial to them. Employees that know they are being monitored will be harder workers, which is what the business ultimately wants. By informing employees, business owners do not have to fear that an employee can use the tracking against them. This also applies to cell phones that are given out by the company. However, in some states such as Connecticut and Delaware, it is against the law to track employees without informing them. Laws regarding vehicle tracking systems differ from state to state, so make sure you check your state’s laws before purchasing a tracking device.

Law enforcement officers are also free to use vehicle tracking systems in most circumstances. If no warrant is issued, the officers may place a tracking device on the exterior of a suspect’s car that is parked in a public place, such as a parking lot or a street. However, if the law enforcement officers wish to place a tracking device inside the vehicle, they must obtain a warrant, because the interior of the car is covered by privacy laws.

People do not need to be afraid that vehicle tracking systems are invading their privacy because lawmakers are continually evaluating these systems and their legal uses to determine how to best keep the people of this country safe.

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2 Responses to “The Legality of Vehicle Tracking Systems”

  1. Mike says:

    Druk,

    It’s apparent by your comment that you don’t know much about law. Let me help you.

    Currently, New York is the ONLY state where the courts have ruled that police must have a warrant. The courts in Wisconsin have ruled that police are allowed to track a vehicle without a warrant.

    To date, no other court has ruled; therefore, in other jurisdictions where there is no stipulation there is also NO legal requirement for police to obtain a warrant.

    You can interpret the Fourth Amendment any way you want if that makes you feel better, but until the courts have ruled, your interpretation means absolutely nothing.

  2. Druk says:

    “If no warrant is issued, the officers may place a tracking device on the exterior of a suspect’s car that is parked in a public place, such as a parking lot or a street.”

    Really? SCOTUS: “The Fourth Amendment protects people, not places. Therefore, the rights of an individual may not be violated, regardless of whether or not there is physical intrusion into any given area.”

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