Can You Legally Track Someone’s Car In Missouri?
If you are worried a partner might be having an affair you probably researched the different technologies used for secretly monitoring a personal vehicle. But before you invest in a GPS device to record a vehicles’ movements and get the answers you need, let’s take a closer look at GPS tracking laws in MO and how they relate to informed consent, fourth amendment rights, employment law, and monitoring your cheating partner.
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Is It Illegal To Put A Vehicle Tracker On Your Husband or Wife’s Car In MO?
Yes, you can legally track your spouse’s vehicle but that depends on a number of factors such as if you are the registered owner of the automobile or if consent was given. Let’s take a look at some of the situations where tracking a vehicle can be legal or illegal!
- You Are The Owner Of The Car: You have every right to track your own vehicle to protect it from automotive theft, and therefore can equip your automobile with a tracking device.
- The Vehicle Is Your Boyfriends: Under federal law, you cannot legally enter the automobile if you are not the owner of the car as that is an invasion of privacy. However, if you a tracking device on the outside of the vehicle to GPS track the automobile that has been viewed by some courts have ruled that you do not have the same privacy rights outside of your vehicle. However, if you are going to equip a tracking system on the outside of a car you do not own make sure 1) you avoid placing the device on a car when it is parked on private property, and 2) you are not acquiring the data to commit a criminal act.
Electronic Monitoring Missouri Law 455.095
This portion of the content addresses Missouri laws as they apply to electronic surveillance (any person on electronic monitoring) situations of domestic violence, a history of criminal acts, suicide (self-harm), history of drug abuse, mental illness, and other factors related to electronic monitoring equipment and Missouri law 455.095.
Unless an individual is legally determined to be indigent by a court, any persons ordered to be tracked via electronic monitoring (with victim notification) will be required to cover any costs and expenses related to the personal tracking technology. If a Missouri court finds a person to be indigent, they can be placed on electronic surveillance with victim notification. The clerk of the court will then be the party to notify the department of corrections. The department of corrections will then establish a procedure to determine the percentage of costs the indigent person will pay based on the income of the individual. Factors such as the number of dependents, income, personal hardships, and other factors will play a role in the amount of reimbursement of costs.
- Any real time alert from the electronic monitoring system is considered probable cause to arrest the monitored person for violation of an ex parte (or full order of protection).
- Agencies such as the department of public safety, municipal law enforcement agencies, Missouri state highway patrol, and circuit courts have the ability to share information acquired from electronic monitoring conducted.
For the latest legal news regarding if a monitored person violates Missouri law, electronic monitoring equipment fails, the end or effective date for personal monitoring please click here.
Can I Track My Employees’ Car In Missouri?
If your employees operate company-owned vehicles then you can legally track those vehicles as the states of Kansas, Georgia, Arkansas, and Missouri do not currently have any established privacy laws.
Please note that GPS tracking laws in Missouri constantly change so if you want the latest information it is best to speak with an attorney in Kansas City, Springfield, St. Louis, Joplin, Columbia or the city in Missouri where you intend to use a vehicle tracking device. Information contained in this article is not legal advice! Please speak with law enforcement or a licensed lawyer who specializes in electronic surveillance law before using any tracking system to avoid breaking any privacy laws.