Is it illegal to install a GPS tracker on a car you don’t drive?
GPS tracking technology is more accessible than ever. Hop into Amazon or other large retailers and there’s a whole catalog of options for private use, including Apple’s user-friendly AirTag. But just because you can follow a vehicle’s movements doesn’t mean it’s legal. Laws vary by state. Some areas strictly prohibit placing these devices on someone else’s car, while others allow monitoring with consent. If you’re considering using a GPS tracker, here’s what you need to know.
When is installing a GPS tracker legal?
You can legally track a vehicle if:
- You own the vehicle.
- You have the owner’s consent.
- The tracking is for business purposes on a company-owned vehicle.
- You’re a law enforcement agent and have a warrant to track.
Even in these cases, transparency is key. Employers tracking company vehicles should notify employees. Parents should also understand local laws. For example, if you don’t own the car a child is driving, it might not be legal to place a tracking device.
State-specific vehicle tracking laws
Some states have clear laws on GPS tracking. Here are a few examples:
California: It’s illegal to use an electronic tracking device to monitor someone without their consent (Cal. Penal Code §637.7).
Texas: You cannot place a GPS tracker on a vehicle you don’t own without permission (Tex. Penal Code §16.06).
Florida: Unauthorized GPS tracking is prohibited unless you have the owner’s consent (Fla. Stat. §934.425).
Illinois: Employers can track company vehicles but should inform employees (820 ILCS 40/9).
Oregon: Attaching a GPS device to someone else’s vehicle without permission is a criminal offense (ORS 164.405).
New York: Unauthorized tracking is illegal, and police need a warrant to use GPS tracking (NY Penal Law §265.40).
Some states may not have specific GPS tracker laws but classify unauthorized monitoring under privacy or stalking laws. As such, you should always check local regulations before using the technology.
Federal laws and Supreme Court ruling
At the federal level, law enforcement cannot place a GPS tracker on a vehicle without a warrant. This was established in United States v. Jones (2012), where the Supreme Court ruled that attaching a GPS device to a car without consent violates the Fourth Amendment.
Consequences of illegally placing a GPS tracker on a car
Unauthorized tracking can lead to serious consequences, including:
- Criminal charges for stalking or harassment.
- Civil lawsuits for invasion of privacy.
- Restraining orders against the person who installed the tracker.
Case in point: This year, a 35-year-old Connecticut woman turned herself in after authorities issued a warrant for electronic stalking. Allegedly, the woman installed a GPS tracker on the underside of an ex’s vehicle. The victim found that device plus another one hidden in a stuffed animal, CT Insider shared in January. Police said the woman used someone else’s name to register the devices and use their features online.
If you’re considering using a GPS tracker, make sure you’re following the law. Always get consent when necessary. If you’re unsure, consult an attorney. Laws change, and what’s legal in one state may not be legal in another.
