February 23, 2012
New Jersey court judges recently ruled that using GPS tracking to keep tabs on one’s spouse is perfectly legal. After learning that his wife would be divorcing him for cheating, information gathered from a GPS tracking device, Kenneth Villanova sued his wife’s private investigator for invasion of privacy and emotional distress. He contended that the technology was used illegally, which invaded his privacy, and that the illegal tracking was responsible for the emotional distress caused by his marriage dissolving.
Like all too many spouse’s, Kenneth Villanova’s wife began to suspect her husband of infidelity. He wasn’t bringing any evidence of cheating home with him, so she decided to follow her suspicion outside the home by hiring a private investigator.
After some time of unsuccessful trailing, Richard Leonard reportedly advised Mrs. Villanova to slip a small GPS tracking device into the glove box of her and her husband’s GMC Yukon-Denali.
After a mere two weeks of tracking, Mrs. Villanova followed the tracking information to find her husband and his mistress in the act, inside their shared Yukon.
Cheating on one’s spouse is pretty solid grounds for divorce. No doubt, being caught cheating and subsequently separating from one’s wife is emotionally distressing. Apparently, it was distressing enough for Villanova and his lawyers to think there was legal grounds to sue Richard Leonard.
If you’ve picked up on the irony of a man caught cheating, and then suing for emotional distress, you’re not alone. The courts ruled that there was no evidence of emotional distress caused by GPS tracking. Furthermore, the judges ruled that the tracking device was not an invasion of privacy, because it only tracked the vehicle to places visible with plain sight.
It’s doubtful that anyone would argue tracking one’s spouse with a discrete GPS device indicates a healthy relationship. Using this technology, however, can confirm or deny suspicions, and possibly help people get out of unhealthy relationships.
Article Written by Marisa O’Connor