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Is It Illegal To Track Your Spouse’s Car

GPS Tracking In Relationships – Is It Illegal To Track Your Spouse’s Car?

Are you weighing the option to track your spouse’s car? Many do so out of concern for safety or due to trust issues within their marriage. This decision, however, treads on sensitive ground. As you read on, you’ll discover the complexities of “Is It Illegal To Track Your Spouse’s Car?”—a question that brings with it a web of legal, ethical, and emotional implications. You’ll learn about the laws that may affect your choices and the consequences that could follow. Understanding the legal, ethical, and emotional implications of tracking a spouse’s vehicle is vital, and it’s exactly what we’ll explore together.

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Legal Ground Rules for Tracking Your Spouse’s Car

If you’re pondering the legality of tracking a spouse’s car, specifics matter. You may legally place a GPS tracker on any vehicle registered in your name. This means if the car title bears your name, you typically hold the legal right to monitor it. But if the car isn’t under your ownership, tracking it could land you in legal trouble for invasion of privacy.

This legal nuance is precisely why some opt for private investigators. Licensed professionals are familiar with the dos and don’ts of surveillance, including where and how to place trackers without overstepping legal bounds. Hiring them can shift the liability away from you, provided they operate within the law.

Be aware, that even if you own the car, tracking it isn’t always clear-cut. For example, the intention behind the tracking and how the information is used can still have legal implications. Yes, you can track your vehicle if you want to protect it from say theft. However, if you told law enforcement you were tracking your husband or wife without them knowing for no reason other than to catch them cheating. Well, that could be a violation of privacy laws because the intent is different. Therefore, always consider the full legal context before proceeding, understand intent, and speak with a licensed attorney in your area before using any GPS vehicle tracker.

Legal Reasons to Track a Car:

  • Monitoring the location of a vehicle that is registered in your name.
  • Tracking a car with the explicit consent of the owner.
  • Using GPS tracking for fleet management purposes when employees are aware and have consented.
  • Implementing a tracking device for the recovery of a vehicle in the event of theft.

Illegal Examples of Tracking:

  • Placing a GPS tracker on a vehicle that is not registered in your name without the owner’s consent.
  • Tracking a spouse’s car to gather information for divorce proceedings without consent or a court order.
  • Using a GPS device to stalk or harass someone, infringes on their reasonable expectation of privacy.
  • Secretly installing a tracker on a leased or rented vehicle without the permission of the leasing company or owner.

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GPS Laws In The United States

When you cross the line into unlawful tracking, you’re not just breaching trust; you’re risking legal consequences that can be severe and far-reaching. Suppose you illegally place a GPS tracker on a vehicle. In that case, you may be opening the door to a range of penalties, from fines to criminal charges, depending on the severity of the privacy invasion. So yeah, you want to make sure you are careful before using a GPS car tracker!

Potential Legal Consequences:

  • Civil Lawsuits: The person whose privacy you’ve invaded may sue you for damages. This can lead to costly settlements or court-ordered payments.
  • Criminal Charges: You could face misdemeanor or even felony charges, with penalties including fines, community service, or imprisonment.
  • Restraining Orders: The court may issue a restraining order against you, which can have long-lasting personal and legal implications.
  • Loss of Custody or Visitation: In family law, such actions could impact custody and visitation rights if deemed indicative of poor judgment or character.

Each state in the U.S. has its own laws regarding GPS tracking, and some are stricter than others. The upcoming table will provide a state-by-state breakdown of these laws, offering a clear view of what is permissible and what could land you in hot water. This information is crucial; understanding it could be the difference between a legal safeguard and a legal nightmare. Always consider this landscape before taking action, and when in doubt, consult a legal professional.


Legal Reference

Statutory Overview


In Alaska, the act of stalking encompasses following or monitoring someone using a global positioning device or any similar technological tools. Using a GPS to track someone without their knowledge or consent can be considered stalking under Alaskan law.


In Arizona, unauthorized use of a GPS or electronic device to continuously monitor someone's activities or online behavior for 12 hours or on multiple occasions is defined as stalking.


Cal. Pen. Code § 637.7

Miscellaneous Crimes

In California, using electronic tracking devices to follow individuals is prohibited, with certain exceptions. This includes devices attached to movable objects transmitting electronic signals to disclose location or movement.


CGS § 53a-181f

Electronic stalking: Class B misdemeanor

In Connecticut, using a GPS or similar system to repeatedly and remotely track someone, causing them to fear for their safety, is defined as electronic stalking.


11 Del. C. § 1335(8)

Offenses Against Public Health, Order and Decency

In Delaware, it's illegal to knowingly place a tracking device on a motor vehicle without the consent of its owner or lessee.


Fla. Stat. § 934.425

Security of Communications, Surveillance

In Florida, it's illegal to install a tracking device or app on someone's property without their consent. Consent is presumed revoked if:

(a) A marital dissolution petition is filed by one spouse against the other. (b) One party files a protective injunction against the other.


H.R.S. § 803-41, H.R.S. § 803-42

Electronic Eavesdropping

In Hawaii, the intentional use of a tracking device requires a search warrant or other order, unless there's consent. A "tracking device" refers to any tool that allows for tracking the movement of a person or object.


720 ILCS 5/12-7.3


In Illinois, if someone previously convicted of stalking knowingly follows the same person or places them under surveillance, and transmits a threat to them or their family, it's considered stalking. "Placing a person under surveillance" includes being outside their usual locations or placing an electronic tracking device on the person or their property.


720 ILCS 5/21-2.5


In Illinois, it's prohibited to use an electronic tracking device to determine a person's location or movement. An "electronic tracking device" is defined as a device attached to a vehicle transmitting signals to reveal its location or movement.


La. R.S. § 14:323

Tracking devices prohibited; penalty

In Louisiana, it's illegal to use a tracking device to determine another person's location or movement without their consent. A "tracking device" is any tool transmitting signals to disclose its location or movement.


Md. Stat. § 3-802


In Maryland, stalking can occur in person, through electronic communication, or by using a device that tracks another person's location without their knowledge or consent.


MCLS 750.5392Tracking device; placement or installment on motor vehicle without consent

In Michigan, it's illegal to place a tracking device on a motor vehicle without consent. A "tracking device" is any electronic tool designed to track a vehicle's location, regardless of recording capability.


Minn. Stat. § 626A.35

General pro-hibition on pen register, trap and trace device and mobile tracking device use

In Minnesota, using a tracking device without a court order is prohibited, with certain exceptions. A "mobile tracking device" refers to any tool that allows for the tracking of a person's or object's movement.

New Hampshire

N.H. Rev. Stat. § 644-A:4 Conditions of Use of Location Information

In New Hampshire, it's prohibited to place an electronic device on another person or their property without consent to obtain location information. An "electronic device" includes devices like cellular phones that access communication, computing, or location services.

New York

NY CLS Penal § 120.45

Stalking in the fourth degree

In New York, "following" encompasses unauthorized tracking of someone’s movements using a GPS or similar device. A person is guilty of fourth-degree stalking when they intentionally, without a valid reason, target a specific individual, causing them significant mental or emotional distress. This includes following or contacting them, especially after being clearly told to stop.

North Carolina

NCGS § 14-196.3


In North Carolina, it's unlawful to use, install, or cause an electronic tracking device to be used without consent to track another person's location. An "electronic tracking device" is any tool that allows someone to remotely track another person's position and movement

North Dakota

N.D. Cent. Code, § 12.1-17-07.1


In North Dakota, stalking includes unauthorized tracking of a person's movements via GPS or other electronic means, especially if it would cause a reasonable person to feel frightened, intimidated, or harassed and lacks a legitimate purpose.


21 Okl. St. § 1173


In Oklahoma, "following" within the context of stalking includes tracking someone's movements or location using a GPS or other monitoring device without their consent. However, this doesn't apply to lawful uses of GPS devices, or when motor vehicle dealers or creditors use them in relation to vehicle credit sales, loans, or leases, provided they have the vehicle owner or lessee's written consent.


ORS § 163.715

Offenses against persons

In Oregon, it's a crime to knowingly attach a GPS device to a motor vehicle without the owner's consent.

Rhode Island

R.I. Gen. Laws § 11-69-1

Electronic tracking of motor vehicles

In Rhode Island, it's an offense to knowingly use or place an electronic tracking device on a motor vehicle without the consent of both the operator and all occupants, if the intent is to monitor or follow them.


Tenn. Code Ann. § 39-13-606 

Electronic tracking of motor vehicles

In Tennessee, it's illegal to install, hide, or place a mobile tracking device in a motor vehicle.


Tex. Penal Code § 16.06

Unlawful installation of tracking device

In Texas, it's illegal to place a tracking device in a motor vehicle, though some exceptions apply. A "tracking device" is defined as any device that emits a signal used to identify or monitor the location of a person or object.


Utah Code § 76-9-408

Unlawful installation of a tracking device

In Utah, it's illegal for someone to knowingly install, or instruct another to install, a tracking device on a motor vehicle they don't own or lease without the permission of the vehicle's owner or lessee.


In Virginia, it's illegal to use an electronic tracking device through deceptive means to track someone's location without their consent. An "electronic tracking device" refers to any tool that allows someone to remotely track another person's position and movement.


RCW § 98.90.130

In Washington, it's illegal to install or monitor an electronic tracking device with the intent to track another person if doing so would reasonably cause that person to feel fear.


Wisc. Stat. § 940.315

Global positioning devices

In Wisconsin, it's a Class A misdemeanor to: (a) Place a GPS or GPS-equipped device on another person's owned or leased vehicle without their consent. (b) Intentionally acquire information about another person's location or movement from a GPS or GPS-equipped device that has been placed without that person's consent


Wyo. Stat. § 6-2-506

Stalking; penalty

In Wyoming, a person can be charged with stalking if they, with the intent to harass, engage in behaviors likely to harass someone else. This includes using electronic, digital, or GPS devices to surveil someone or monitor their internet or wireless activity without their authorization.

District of Columbia

In Washington D.C., it's unlawful for someone to deliberately engage in actions aimed at a specific person, which includes monitoring them or placing them under surveillance on two or more occasions. "Any device" used for such purposes encompasses electronic, mechanical, digital equipment, and more, including GPS, electronic monitoring systems, and other surveillance tools.

Ethical Implications Of Tracking Your Spouse’s Vehicle

So is it illegal to track your spouse’s car? That really depends on the intent and the state laws, but there is something else you should consider: moral and ethical implications. Consider the insight from Dr. Jane Greer, a marriage and family therapist, who emphasizes that trust is the bedrock of any intimate relationship. When you install a GPS tracker, you’re essentially saying, “I doubt your honesty,” which can erode trust from both sides.

Relationship experts like Esther Perel, renowned for her work on human interactions, warn of the long-term damage to a partnership when surveillance replaces communication. The ethical considerations are complex. You’re faced with a choice: do you prioritize your need for certainty over the foundational element of mutual trust?

Furthermore, the aftermath of such actions, as highlighted by couples’ therapists, can lead to a partner feeling violated and humiliated. Before taking any steps, weigh the potential fallout against your reasons for tracking. It’s a decision that should not be made lightly, always keeping the health of your relationship at the forefront.

GPS Under Car

Building Trust Without GPS Tracking: Healthy Alternatives to GPS Surveillance

If you’re facing trust issues in your relationship, consider healthier alternatives to GPS tracking. Open communication is the cornerstone; talk to your spouse about your concerns. Relationship therapists stress that dialogue can often resolve doubts without breaching privacy. Engaging in professional counseling can provide a neutral space for both parties to express and address their insecurities.

Instead of unilateral surveillance, suggest a mutual location-sharing app. Apps like these foster transparency, allowing both partners to share their whereabouts voluntarily. This approach builds trust, as it’s based on mutual consent, not secrecy. Remember, a foundation of trust, built through honest conversations and shared efforts, is far more stable than one undermined by covert tracking. Choose the path that strengthens your bond and preserves the dignity of your partnership. Here are 5 alternatives to GPS tracking and their benefits:

  1. Open Communication. Regular, honest discussions can prevent misunderstandings and foster trust, making secretive tracking unnecessary.
  2. Couples Therapy. Professional counseling offers strategies to improve trust and resolve issues, with lasting benefits for the relationship’s health.
  3. Shared Location Apps. Using apps like Google Maps or Find My Friends allows both partners to willingly share their location, promoting transparency.
  4. Scheduled Check-Ins. Agreeing on regular check-ins via call or text can keep both parties informed and respected, without the need for surveillance.
  5. Trust-Building Activities. Participating in activities that build trust, such as workshops or trust exercises, can strengthen the relationship’s foundation.

Frequently Asked Questions

Can I Track My Cheating Spouse Without Them Knowing?

Yes, with a GPS tracking device, you can secretly track your cheating partner without them knowing. Several GPS products on the market will allow you to do this. The most popular choice is SpaceHawk GPS.

Smallest GPS Tracker


  • Discover The Truth From Your iPhone, Android Device, Or Computer
  • Surface Magnet To Secretly Place GPS Device Under Any Car!
  • More Affordable Than Hiring A Private Investigator

SpaceHawk is a portable real-time GPS tracker with a magnet mount that easily attaches under a vehicle so you can secretly monitor that automobile without the driver ever knowing a thing! Commonly used by professional private detectives to catch cheating spouses, SpaceHawk gives anyone the ability to be their private investigator and bust a cheating partner! So if you suspect infidelity in your relationship and want to get the truth, the SpaceHawk vehicle tracking device is the tool for you. 

Is it wrong to track your spouse? Absolutely not! Especially, if you have good reason to believe they might be having an affair. Divorce and family law, separate property, or a military divorce are all consequences of infidelity. That is why more and more husbands and wives are using technology to discover the truth!

Is There A Legal Way To Track My Spouse’s Car With Their Consent?

Certainly, tracking with consent is legal. The first step is to obtain clear, documented permission from your spouse. Following this, choose a tracking device and service that complies with legal standards. This approach not only keeps you on the right side of the law but also helps in maintaining trust in your relationship.

What Should I Do If I Discover A Tracking Device On My Car?

If you uncover a tracking device on your car, immediate action is necessary. First, determine whether it was placed legally, possibly by a family member. If its origin is unclear, it’s advisable to involve law enforcement. They can assist in identifying the device and understanding any legal ramifications. Remember, your privacy is paramount, and addressing unauthorized tracking is crucial for your safety and peace of mind.

You can learn more about where to find a GPS tracker on your car by clicking here.

How do You tell if there is a Tracker on Your Car

Is It Illegal To Track Your Spouse’s Car – Disclaimer

This article serves as an informative guide regarding the potential uses and applications of GPS vehicle tracking devices. It is imperative to understand that the content provided herein is not endorsed or advised by Tracking System Direct or any associated entity or individual. The legal landscape surrounding the use of surveillance equipment, such as GPS trackers, is complex and varies by location. We strongly advise our readers to seek the expertise of a qualified local attorney and thoroughly research the specific laws and regulations governing the use of such devices in their area before deployment. The information offered should not be construed as legal counsel, and the use of GPS tracking devices is at the sole risk of the user.

Some images in this article, “Is It Illegal To Track Your Spouse’s Car” were generated using AI

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