Arizona Law On GPS Tracking – Legal Guide 2023
If you are interested in buying a real time GPS tracker to bust a cheating spouse or catch employees misusing a company vehicle then it is important to first have all the information as it relates to GPS tracking laws in Arizona. This article is designed to give you information about using a tracking device to catch a cheating partner, the law and how it pertains to law enforcement use of vehicle tracking systems, and everything else you need to know about surveillance technology!
Learn More About GPS Tracking Laws In Each State
Police Use Of GPS Trackers In Arizona
Can police officers hide a GPS tracker on your vehicle without you knowing? The short answer is yes, but not without first establishing probable cause and obtaining a warrant. Arizona Supreme Court Chief Justice Scott Bales was part of an AZ ruling that stated law enforcement cannot equip a tracking system on a vehicle to monitor its movements without acquiring a warrant beforehand. Obtained evidence acquired by warrantless search will result in a successful motion to suppress by the defense. Arizona criminal courts have ruled that a warrant to use GPS is needed first or it would be considered a violation of the person’s Fourth Amendment rights.
Is It Legal To Track My Partner’s Car In Arizona?
As we established earlier, police must obtain a search warrant and establish a reasonable expectation if they want to place a GPS device on your vehicle. But what if you suspect your husband or wife of cheating or are involved in a nasty child custody case and want to use GPS technology to validate your claims that a spouse was unfaithful or irresponsible? According to one Arizona divorce attorney who has seen firsthand how evidence obtained by GPS tracking devices can play out in court, the answer is you should be careful.
- Are You The Vehicle Owner: In the eyes of the law, it is legal in Arizona to place a GPS vehicle tracker on any automobile that you own. The reason is the courts can’t prove you were tracking the vehicle for nefarious purposes such as spying, as any vehicle owner could use a GPS tracker for theft recovery or vehicle management purposes.
- You Are Not The Vehicle Owner: If you placed the GPS inside of a vehicle you do not own that would be considered illegal according to an AZ legal team. The reason is the court ruled a person’s car is their personal property and you are not allowed to simply enter that vehicle under criminal justice laws.
- You Are Not The Vehicle Owner But Do Not Enter The Vehicle: Now this is where things can be tricky because the outside of a person’s vehicle is technically not private property, but let’s not pretend that is an open door to commit theft crimes or violent crimes. The reality is real time GPS trackers are not registered to a person’s name but rather the serial number of the device so even if a person found the tracker on the outside of their vehicle there is no way to prove who put that tracker on. It simply could not be traced back to the person who purchased the item, and since a person did not enter the vehicle at worst if you were caught in the act it could be a small fine or misdemeanor.
Frequently Asked Questions
What Is The Penalty For Stalking With A GPS Tracking Device In Arizona?
Using a GPS tracking device to stalk someone is a felony in Arizona. It can lead to imprisonment, fines, and probation. Under Arizona Revised Statutes § 13-2923, stalking is defined as intentionally or knowingly engaging in a course of conduct that causes a person to feel harassed, threatened, intimidated, or frightened. Using a GPS device to track someone’s location without their consent can be considered stalking.
Can Employers Legally Use GPS Trackers To Monitor Employees In Arizona?
Yes, employers can use GPS tracking devices to monitor employees in Arizona, but they must follow certain laws. Employers must inform employees in writing that they are being monitored and for what purposes. The monitoring must also be related to a legitimate business purpose, such as tracking delivery vehicles. Employers cannot use GPS tracking to monitor personal activities or locations that are not related to work.
Can You Secretly Track Your Spouse’s Vehicle With A GPS Device In Arizona?
No, you cannot secretly track your spouse’s vehicle with a GPS device in Arizona without their consent. It is illegal to place a tracking device on a vehicle without the owner’s consent. Under Arizona Revised Statutes § 13-3016, it is a class 5 felony to place an electronic tracking device on a vehicle without the owner’s consent.
Can Police Use GPS Tracking Without A Warrant In Arizona?
No, police in Arizona cannot use a location tracking device without a warrant or a valid exception to the warrant requirement. In 2011, the Arizona Supreme Court ruled in State v. Emilio Jean that warrantless GPS tracking is unconstitutional under the Fourth Amendment’s protection against unreasonable searches and seizures. The court held that the use of a GPS tracking device to monitor a person’s location or movements constitutes a search under the Fourth Amendment and requires a warrant.
What Is The Penalty For Drug Trafficking With A GPS Device In Arizona?
Using a GPS tracking device to aid in drug trafficking in Arizona can lead to severe penalties. It can be considered an aggravating factor that increases the punishment for drug offenses. Under Arizona Revised Statutes § 13-3419, using an electronic device to facilitate drug trafficking can lead to enhanced penalties, such as longer prison sentences and higher fines.
Related Article: Are Police Tracking Your Car?
- Arizona Law On GPS Tracking – Legal Guide 2023
- Police Use Of GPS Trackers In Arizona
- Is It Legal To Track My Partner’s Car In Arizona?
- What Is The Penalty For Stalking With A GPS Tracking Device In Arizona?
- Can Employers Legally Use GPS Trackers To Monitor Employees In Arizona?
- Can You Secretly Track Your Spouse’s Vehicle With A GPS Device In Arizona?
- Can Police Use GPS Tracking Without A Warrant In Arizona?
- What Is The Penalty For Drug Trafficking With A GPS Device In Arizona?