The following information is the legal opinion of the Law Offices of Hagen & Melusky regarding the use of GPS vehicle tracking according to the laws of the State of Colorado.
Is GPS tracking legal to use?
The answer is yes so long as the purpose for which it is used for is legal. For example, using a global positioning system to track the route of your employee who is a truck driver while he/she is on duty as a truck driver is a legal business use. Having a GPS in your personal vehicle is a legal personal use.
What is an illegal use of GPS?
Using a gps (or any other surveillance device) to surreptitiously track another person or another’s vehicle may be illegal if such tracking constitutes “stalking.” In a Colorado Case “People v. Sullivan” use of a gps on a spouse’s automobile was deemed to be stalking because the spouse who attached the gps to the car did it (a) without the knowledge of the other spouse; (b) for the purpose of tracking the spouse’s movements or to acquire information about the spouse’s whereabouts and activities.
Can you use the GPS on a vehicle you do not own?
Of course you could, in the event you had the permission of the owner of the vehicle. If you did not have that permission it would be unwise and perhaps an act of stalking to pace the gps on the vehicle.
If I own the vehicle, can I use the GPS legally?
If you are placing the gps on the vehicle for purposes of legitimately gathering information about the movement of the vehicle, it is likely to be a legal use.
Will the information from a GPS hold up in a court of law?
That would depend upon the case and what the information from the gps was being used to prove. For example, the records of the gps would certainly be proof of movement of a vehicle but whether or not it would be proof of the movement of the person who was driving the vehicle would depend entirely upon the facts of the case.
Can you be sued if the person you are tracking finds out you are tracking him or her?
Again, that would depend entirely on the legitimacy of the use of the gps. While it is possible that someone can bring suit against you does not mean they will prevail in that suit. However, if your reason for such tracking is not legitimate then you may be liable for damages done, emotional or otherwise, to the person being tracked.
The Global Positioning System has tremendous advantages. You can find your packages or find your way around a strange town. It has been used to locate persons in peril and to validate employee adherence to work rules. As with almost all devices, however, some choose to use it improperly – to harass, to survey, or to spy on people without their knowledge. There is very little difference between following someone and using a gps to track them. Either way, you may be using a legitimate device in an impermissible way.
The information contained on this page is the opinion of the Hagen & Melusky Law Offices. Rocky Mountain Tracking, Inc. does not give legal advice and is not responsible for any liability of the use or misuse of such information, tracking product or service. Rocky Mountain Tracking makes no claim to keep the information on this page current and is not responsible for the accuracy or inaccuracy of information pertaining to the legal ramifications of the use of any GPS technology. The laws pertaining to the use of GPS vehicle tracking may be different in each state. If you have questions or need legal advice regarding the tracking of a person, vehicle or asset, you should seek legal counsel.