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GPS Tracking Laws Maryland

GPS Tracking Laws Maryland -Are GPS Tracking Devices Legal In MD?

Are you involved in a family law dispute? Maybe you are going through adivorce in Maryland? Or maybe you suspect your partner is cheating and want to use a GPS tracker to find out the truth without violating any Maryland criminal laws. Whatever the reason is for your research on GPS tracking devices, this article is designed to provide information regarding GPS laws in Maryland so you can legally use GPS to track any vehicle!

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GPS Tracking Laws Maryland

Legal Risks of Secret GPS Tracking in Maryland

Recent Maryland federal court decisions clarify that secretly using GPS trackers on former spouses or partners can lead to lawsuits for damages. In the case of Demo v. Kirksey et al., Judge Paula Xinis largely denied motions to dismiss such a suit. This case involved parents of a minor child, including investigators and lawyers representing one parent. One tracker was hidden in a diaper bag accompanying the child, and another in the plaintiff’s vehicle.

Judge Xinis noted that the tracking software allowed monitoring 24/7 for six months. This led to a lawsuit for “intrusion upon seclusion,” harassment under Maryland Criminal laws, and violations of Pennsylvania Wiretap laws. The case raised novel issues about GPS tracking and privacy expectations under Maryland and Pennsylvania laws.

Judge Xinis analyzed recent U.S. Supreme Court decisions on privacy expectations. She concluded that the tracking in this case was actionable. The defendants intentionally intruded upon the plaintiff’s privacy. If you consider using a GPS tracker, understand the legal risks and potential for lawsuits in Maryland. Always consult with an attorney to ensure compliance with privacy laws and avoid legal repercussions.

GPS Tracking Laws In Maryland By Application


Legal Use


Law Enforcement

Police can use GPS trackers with a search warrant.

Without a warrant, it violates Fourth Amendment rights. Data can be used in criminal cases like domestic violence or theft.

Child Safety

Parents can track their children and teen drivers for safety.

GPS devices can reduce accidents and promote safe driving among teens.

Employee Monitoring

Employers can track company vehicles but not personal vehicles without consent.

Legal for theft prevention, fleet management, and employee observation. Can also monitor company cell phones.

Cheating Spouse

Legal to track a vehicle you own or co-own (Theft recovery).

Consult an attorney to determine if GPS data is admissible in divorce cases.

Cheating Partner

Illegal to enter and place a tracker in a vehicle you don't own.

Gray area exists if placed on the outside of a vehicle in public. Difficult to trace GPS trackers back to the owner, but caution is advised.

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Frequently Asked Questions

Is It Legal To Track A Vehicle Without The Consent Of The Owner Or Lessee In Maryland?

In Maryland, it is illegal to track a vehicle without the consent of the owner, lessor, or lessee, as per the state’s penal code. Unauthorized tracking can lead to legal consequences, including potential charges related to electronic stalking or invasion of privacy. Make sure to obtain proper consent before placing a mobile tracking device on any vehicle.

Can Law Enforcement Officers Use GPS tracking Without Knowledge Or Consent?

Law enforcement officers in Maryland may use GPS tracking devices to monitor a person’s movements or location, but only under specific circumstances. First of all, police must obtain a warrant before placing the device on a vehicle owned by a suspect. However, there may be exceptions in urgent situations or under certain investigative conditions.

What Is The Definition Of “Stalk” In Maryland’s Stalking Laws, And How Does It Relate To GPS Tracking?

In Maryland, stalking is defined as engaging in malicious conduct that causes a person to fear for their safety, including following or monitoring their movements or location without consent. The use of electronic tracking devices, such as GPS, could be considered stalking if done maliciously and without the knowledge or consent of the person being tracked.

Can I Buy A GPS Tracker In Maryland?

So, are GPS tracking devices legal in the state of Maryland? The answer is yes! In fact, you can legally purchase a hidden GPS tracker in Germantown, Silver Spring, Waldorf, Frederick, Ellicott City, and any Baltimore counties. You can legally purchase GPS vehicle trackers in any Maryland city. However, how you use the tracker determines its legality. Therefore, consult an attorney for advice on current GPS laws in Maryland if you have concerns.

Related Content: Best GPS Trackers To Bust Cheating Partners

Whether you are currently involved in a Maryland divorce or child custody situation and want to use GPS tracking devices to gather evidence to support your case it is important to first get legal advice. It is best to consult with divorce lawyers or attorneys who know current GPS laws in Baltimore, Columbia, or other cities in Maryland before using any GPS trackers to monitor someone elses’ vehicle.

Matthew Henson
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