GPS Tracking Laws By State | Are GPS Trackers Legal?

GPS Tracking Laws By State: A Comprehensive Guide

If you’re considering using GPS tracking devices, it’s important to understand the laws surrounding their usage. For businesses, GPS trackers can help monitor employee vehicles and promote responsible driving practices. As a consumer, you may want to use GPS units to keep an eye on a teenage driver or address concerns about trust. While purchasing a GPS tracker is legal, the installation and use of these devices can be subject to specific regulations. Familiarizing yourself with federal laws on electronic surveillance and state penal codes is crucial to ensure you use GPS devices within the boundaries of the law. Let’s explore the GPS tracking laws and regulations that apply to you, providing you with the information you need to use these devices legally and responsibly.

First of all, you can legally track a vehicle if:

The vehicle or asset is owned by you or your business
You are the legal guardian or parent of the teen driver
Your wife or husband might be cheating and you both of rights to the vehicle 
The vehicle is owned or leased by your car lot and GPS tracker would be used for repo (default)

However, it could be illegal to use a GPS tracker if:

You go inside the vehicle and are not the registered owner of that vehicle
You want to track a cheating boyfriend or girlfriend

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Is It Legal To Equip A GPS Tracker In Your Car – Laws In All 50 States

Generally speaking, the federal laws (or more appropriately guidelines) have some language that seems fairly clear and applies to all 50 states. The language in the GPS tracking laws in each state varies some but the general rule of thumb is:

It is legal to track a minor who is driving your vehicle without acquiring consent from the teen driver.
You can legally put a GPS tracker in a vehicle you own yourself.
You can legally equip a GPS device in your fleet vehicle driven by an employee (although some states require driver consent)

Related Content: What Do Car Trackers Look Like

In most states, private investigators have greater flexibility in employing cyber-security applications such as cell phone tracking, hidden cameras, or vehicle location trackers. If you have concerns about potentially engaging in illegal activities while monitoring employees or using GPS trackers for legitimate business purposes, it is highly recommended to consult with a licensed private investigator. This ensures compliance with labor laws and privacy regulations. When it comes to tracking a minor child or teenage driver with a real-time GPS tracker, no consent is generally required. However, if the purpose is to catch a cheating partner using a vehicle tracking system, ownership or leasing of the automobile can become a determining factor. Similarly, when discreetly tracking a vehicle, the manner in which the tracker is placed may impact the requirement for owner consent. Due to the nuances surrounding electronic devices and tracking applications, it is advisable to refer to the directory below to ascertain the specific GPS tracking laws applicable to your intended use and geographic area.

GPS Vehicle Tracking Laws State By State

The unlawful installation of tracking software or hardware can be illegal in some states so if you are a private citizen interested in using an electronic tracking system to spy on a vehicle please contact a law firm in your area or a criminal defense attorney in your area of intended use to get the most accurate information regardingdevices to track a vehicle. Information in this article is not legal advice, and before you engage in any tracking applications it is best to with an expert in criminal law andunlawful installation of personal vehicle trackers.

Supreme Court – Federal Ruling On GPS Tracking Devices

The United States v. Antoine Jones(No. 10-1259)

In a landmark case, the Supreme Court issued a unanimous ruling on January 23, 2012, requiring law enforcement agencies to obtain a search warrant before installing tracking devices. The case revolved around Antoine Jones, whose vehicle was monitored using a hidden GPS device by the FBI and local police. Jones’s defense lawyer argued that his client’s Fourth Amendment rights were violated by continuous vehicle tracking without a warrant.

The joint task forces used the GPS tracker for 28 days to gather location information and establish Jones’s involvement in illegal drug activities. Lower courts initially deemed the tracking lawful, but the Supreme Court held a different perspective. Justice Antonin Scalia stated that the use of a government GPS to monitor Jones’s vehicle constituted a “search” under the Fourth Amendment, necessitating a valid search warrant in the absence of consent. As a result, the evidence obtained through the warrantless tracking was deemed inadmissible, leading to the overturning of Jones’s conviction.

This landmark decision established an important precedent regarding GPS tracking and privacy rights. It emphasized the requirement for law enforcement to obtain a search warrant before conducting prolonged vehicle surveillance using GPS devices, safeguarding individuals’ Fourth Amendment protections against unreasonable searches and seizures.

Frequently Asked Questions

Is It Legal To Use GPS Tracking Devices For Teen Driving Safety?

Yes, if your teen driver is under the age of 18. However, some states require that the teenager be notified and consent to vehicle tracking if they live in your home and are adults while others require their consent.

Can GPS Tracking Be Used For Fleet Management Purposes?

Yes, GPS tracking can be used for fleet management purposes. It allows companies to monitor the movements of their vehicles and ensure driver safety. However, it’s important to comply with state laws and regulations regarding employee privacy and tracking.

Can You Legally Track Another Person’s Vehicle Without Their Consent?

No, it is generally illegal to track the movements of another person’s vehicle without their consent. This is considered a violation of their privacy rights and can result in criminal charges or fines. It’s important to always obtain consent before tracking another person’s vehicle.

What Are The Penalties For Violating GPS Tracking Laws?

GPS tracking laws carry varying penalties depending on the state and the specific circumstances of the violation. In California, using a tracking device to determine a vehicle’s location without the owner’s consent is illegal and can result in fines of up to $2,500 and/or imprisonment for up to one year.

Similarly, in Texas, using real-time GPS trackers to monitor a vehicle without consent or a court order is prohibited. Violators may face misdemeanor charges, punishable by up to six months in jail and/or a fine of up to $2,000.

In addition to criminal penalties, individuals who violate GPS tracking laws may also face civil lawsuits. Victims of tracking may seek damages for invasion of privacy, emotional distress, and other harm caused by the violation of their privacy rights. It is crucial to understand and comply with the specific laws in your state to avoid legal consequences and potential civil liabilities.

Legal Disclaimer

The information presented in this article is solely for informational purposes and does not constitute legal advice. GPS tracking laws can vary by state and are subject to change. It is crucial that you conduct thorough research and ensure compliance with the latest laws and regulations pertaining to GPS tracking in your specific jurisdiction. We strongly advise consulting with a licensed attorney or legal professional to obtain precise guidance tailored to your circumstances. Please be aware that the use of any electronic surveillance device is undertaken at your own risk and discretion. Tracking System Direct does not assume any liability for actions or decisions taken based on the information provided in this article

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Ryan Horban

Sales VP & GPS Tracking Expert at Tracking System Direct

Ryan Horban is the Senior Editor at Tracking System Direct, with over 15 years of experience in the GPS tracking industry. Besides being an award-winning photographer based in Southern California, Ryan is also a devoted family man and writer, featured in numerous photography publications. He is passionate about discussing GPS technology and sharing photography tips.