What should you do if you find a police GPS tracker on your car?
You’re heading out to grab groceries when you spot something odd beneath your car—a small, unmarked device. Could it be a tracker? And if it is, who put it there? Before you grab a screwdriver and toss it into the nearest river, let’s talk about the legal and practical consequences of handling someone else’s surveillance toy. Spoiler alert: the laws are trickier than you think.
Can the Police Legally Place a GPS Tracker on Your Car?
The legality of police using a GPS tracker has evolved over the years. Before 2012, it was like the Wild West—law enforcement could attach trackers without a warrant. That changed with the Supreme Court’s ruling in United States v. Jones. According to Attorney Andrew Flusche, the Court decided that physically attaching a tracker to your vehicle “does constitute a search under the Fourth Amendment.” This means police now need a warrant in most cases.
However, getting that warrant might not be as protective as you’d hope. In some states, officers can approach magistrates who issue warrants quickly and often. Flusche explains, “I’ve seen magistrates issue search warrants faster than McDonald’s can make a hamburger.” In other words, a warrant might not slow law enforcement down much.
What Happens If You Remove the Tracker?
If you discover a GPS tracker on your car, your instincts might be to get rid of it. But be careful. Removing or disposing of the device can escalate the situation. In a 2019 case, an Indiana man named Derek found a tracker on his car, removed it, and stored it in his home. The police used its sudden “silence” as probable cause to raid his house, where they found illegal substances. The raid led to a legal battle, but the Indiana Supreme Court eventually ruled that removing the tracker wasn’t theft, and the search warrant was invalid.
Still, Flusche advises caution: “If you find one on your car, it should be a hint to you that the police are on to you.” Removing a tracker might trigger more aggressive actions, so it’s essential to weigh your options carefully.
The bottom line? If you find a GPS tracker on your car, handle the situation with care. Know your rights, document everything, and avoid making impulsive moves that could complicate your life. Remember, the safest course of action often involves consulting a lawyer before you act.
Want to know more? You can see Flusche’s explanation yourself in the video below: