NC GPS Tracking Laws 2021
Is It Illegal To Put A GPS Tracker On Someone’s Car In North Carolina?
If you are involved in a child custody dispute, own a business that has service automobiles, or believe your spouse might be cheating, it is only natural that you would research GPS devices to track a vehicle. Tracking another persons’ vehicle is an easy, unintrusive way to get the truth, especially for those who suspect cheating. But before you consider a vehicle tracker as a solution to spy on your spouse, let’s take a more detailed look at the GPS tracking laws in North Carolina!
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Can My Spouse Put A GPS Tracker On My Car In North Carolina?
Spy On My Spouse: GPS tracking laws in NC are somewhat ambiguous so it is very important that you understand them before you use any electronic devices to monitor a vehicle. Let’s look at a few common situations where people use GPS tracking devices and explain whether or not the situation is legal or illegal.
The Vehicle Is Titled In Your Name: If you own the car, you can legally hide a GPS tracker on that vehicle without giving any driver consent to track the vehicle.
The Vehicle Is Not Titled In Your Name: According to North Carolina General Statute §14-196.3(b)(5), if you are not the owner of the vehicle, placing a GPS monitoring device inside a car could violate the cyberstalking statute. However, the Electronic Surveillance Act leaves some grey areas in the law. For example, you can not enter the vehicle of a car you do not own or lease, but what if you place the tracker under the vehicle and do so on public property? Criminal defense attorneys have been successful in arguing this position in criminal law cases where electronic surveillance was conducted in this fashion.
If you are not sure the way you are using a tracking device is lawful then the best decision would be to hire a licensed private investigator to safely spy on your spouse without breaking any state or federal laws.
North Carolina General Statute §14-196.3(k)
Divorce lawyers often have to discuss cyber security and fourth amendment privacy rights when couples are preparing a separation agreement after a contentious divorce. But what does the law say in regards to the legality of tracking the location of your child? Parents and legal guardians are legally allowed to track their child unless there is a domestic violence issue or law enforcement-related problem stemming from threats, assault, or harassment to an ex-partner.
The use of any device to secretly track a vehicle or child can have legal ramifications so it is best practice to speak with a law attorney in the location you will be using the electronic surveillance whether that is Chapel Hill or Charolette.