GPS tracking laws differ by state, but tracking a vehicle you own is legal, while unauthorized tracking is often illegal. Some states allow employer tracking and law enforcement use with a warrant, while others classify non-consensual tracking as stalking.
Court rulings like United States v. Jones (2011) and United States v. Katzin (2013) reinforced privacy rights by ruling against warrantless GPS tracking. Employers can monitor company-owned vehicles with disclosure, while rental vehicle tracking depends on company policies.
Understanding GPS Tracking Laws by Different States
GPS trackers are not subject to such stringent legislation in the United States. Although, there are several references to them in various state statutes. Although state laws differ in wording, the bottom line is as follows:
- It is legal to install GPS in a vehicle you own and use for personal purposes.
- You can legally install a GPS tracker in a car/truck that your employee uses - provided you are the owner.
- It is typically legal to install GPS in a fleet vehicle you own but driven by a contractor.
- Also, it's always almost illegal to use a GPS device to track another company's assets.
Alabama
As per section 13A-11-32, a person who intentionally engages in surveillance while trespassing in a private area can be charged with "criminal surveillance."
Alaska
In Alaska, it is illegal to install a device to observe, document, or photograph events occurring in someone's home, vehicle, or workplace without permission.
Furthermore, they go far beyond the scope of that person's authorization. It becomes stalking in the second degree. This is covered under Alaska code 13-2923
Arizona
As per Arizona code 13-2923, Stalking is the continuous use of a digital electronic device or GPS device without permission to monitor a particular individual for at least 12 hours.
Arkansas ,
Not found.
California
The California Penal Code section 637.7 suggests that, No GPS tracking device can determine the location of a person whose registration, lessee, or lessor does not match the vehicle. On the other hand, a law enforcement agency can use an electronic power steering device for legal purposes.
Colorado
According to Bonnie's law, stalking occurs when a person keeps another person under surveillance using electronic surveillance to learn the person's whereabouts and exchanges information with the stalker either instantaneously or shortly after.
Connecticut
A person may be charged with electronics stalking if they use a GPS device repeatedly and cause another person to fear for their physical safety.
Delaware
Installing an electronic tracking device on a moving vehicle without the approval of the registered proprietor, lessor, or lessee is a class A misdemeanor and a Class G felony. Exemptions to this law include law enforcement officers conducting lawful tracking and a parent or legal guardian.
District Of Columbia
It is illegal to use GPS devices to identify others without permission.
Florida
The regulations concerning GPS tracking in Florida are outlined in Florida Statute 934.425. There is a fine for installing a GPS tracking device on another person's vehicle without permission. However, there are a few exceptions to the rule.
Georgia
Not found.
Hawaii
As per the H.R.S 803-41 and H.R.S. 803-42 If a person is stalking another individual with a GPS tracking device to harass, annoy, or alarm that person, that person is deemed guilty of stalking.
Idaho
Under the Idaho Code 18-6702, It is illegal to intercept or disclose any tracking device.
Illinois
As outlined in the law of Illinois statute 720 ILCS 65/12-7.3, It is not legal to use an electronic tracking device to determine the location of any person at any time.
Indiana
IC 35-33-5 authorizes using of an electronic tracking device to determine the location of another person or object for legal purposes.
Iowa
In accordance with Iowa Code 708.11A, It is illegal in Iowa to place a GPS device on somebody without their consent.
Kansas
Not found.
Kentucky
Under Chapter 456, "civil orders of protection," a person must wear a GPS device system that does not interfere with their bodily integrity to determine their location.
Louisiana
Senate Bill 123 defines GPS as a personal electronic device that transmits latitude and longitude. However, it should not intrude on or violate a person's integrity.
Maine
Stalking, according to the Maine criminal code 17-A M.R.S., 210-A, is a curse of action in which a person directly or indirectly follows, surveils, or examines a person without their consent to the point where they become concerned for their safety.
Maryland
Unclear.
Massachusetts
Anyone who uses an electronic communication device to track or threaten another person faces up to five years in prison and a $1,000 fine.
Michigan
A stalker is someone who installs a tracking device on another person's vehicle without their permission. They will also face a year in prison and a $1,000 fine.
Minnesota
It is illegal to use an electronic device, such as a tracking device, to track somebody without approval.
Mississippi
Stalking in the Mississippi law - is defined as an event in which someone uses an electronic tracking device to track another person when they begin to feel uneasy.
Missouri
Not found.
Montana
Stalking means causing discomfort to another individual by using any electronic communication device, such as GPS.
Nebraska
For installing a tracking device, a court can issue a warrant.
Nevada
Nevada revised statute 179.451 permits tracking individuals and objects using a GPS device.
New Hampshire
Under Hampshire law, it is illegal for government agencies to install electronic tracking devices to provide civilian information without a court-issued warrant.
New Jersey
Under Title 2A, New Jersey's amended law, law enforcement agencies can use electronic devices to track the whereabouts of potential criminals. But they should have a legitimate purpose for it.
New Mexico
Under New Mexico law, if you use an electronic tracking device to track someone to hurt an unauthorized person, that person is a stalker.
New York
It is illegal in New York to use an electronic tracking device to ascertain a person's location without authorization.
North Carolina
Using electronic tracking devices without another person's consent is illegal.
North Dakota
In North Dakota, stalking means the unauthorized tracking of a person's location to the point where they become fearful or intimidated.
Ohio
It is illegal to install a monitoring device to track somebody without approval.
Oklahoma
Ambiguous.
Oregon
You cannot track anyone using a GPS tracker without a court-issued warrant.
Pennsylvania
Pennsylvania law requires anyone who wants to use a GPS tracker to obtain a written receipt from an investigator or law enforcement agency.
Rhode Island
It is illegal to install, conceal, or place a GPS tracking device on another person's vehicle without permission.
South Carolina
If a person is caught using a GPS tracker to spy on someone, they will face penalties under Section 17-30-50.
South Dakota
A magistrate's warrant is required to install a GPS device.
Tennessee
It is a crime to install, hide or install an electronic tracking device in a car without the owner's permission.
Texas
It is illegal for anyone to install a GPS device on a motor vehicle when they're not the owner or lessor.
Utah
It is legal to use a GPS tracking device to monitor someone for legitimate purposes.
Vermont
Unclear.
Virginia
If a person is caught using a tracking device to monitor somebody without their permission, they will face a penalty.
Washington
One can use a GPS device to locate someone for a legitimate reason.
West Virginia
It is illegal to track someone without consent using an electronic GPS device.
Wisconsin
Stalking is a behavior in which someone uses a GPS unit to track somebody without their permission.
Wyoming
It is illegal to track someone without consent using an electronic GPS device.
Disagreements Over GPS Tracker Misuse
- Elgin VS Coca-Cola Bottling Co. 2005 - In a 2005 case, an employee filed a lawsuit against their employer for tracking them after office hours. The decision was ruled in favor of the employer by the court. That's because the owner of the vehicle was the employer's organization.
- Tubbs VS Wynn Transport 2007 - An employee brought a similar case to court. The employee claimed that the employer was tracking the company-owned vehicle he was driving without his permission. For the same reason, the court sided with the employer once more.
- United States VS Jones 2011 - An unusual case was brought in the court against the police for using a GPS tracker on the vehicle owned by a suspected drug trafficker. The rulings were against the law enforcement agency. Why? As the act was a violation of the fourth amendment of human rights.
- United States VS Katzin 2013 - Police placed a GPS tracker on a suspect - leading to a lawsuit against them. The Katzin brothers were successful in court. Why? Because they violated the fourth amendment.
Frequently Asked Questions
Is it legal to use a GPS tracker to monitor a spouse?
If the vehicle is jointly owned, some states allow tracking, but others classify it as stalking or a privacy violation. Always check state laws before using a GPS tracker on a spouse’s vehicle.
Can employers use GPS trackers to monitor employees?
Employers can track company-owned vehicles but must inform employees. Tracking must serve a legitimate business purpose and comply with state laws.
Are there restrictions on using GPS trackers on rental vehicles?
Rental companies may prohibit GPS trackers, making unauthorized installation a policy violation. Always verify rental agreements before using a tracker.
Are there restrictions on using GPS trackers on company-owned vehicles?
Employers can legally track company-owned vehicles, but employees must be notified. Tracking must be work-related and not infringe on personal privacy.
Can law enforcement use GPS trackers without a warrant?
Most states require a warrant for law enforcement to track a suspect’s vehicle. Unauthorized tracking can violate Fourth Amendment rights.
Are there restrictions on using GPS trackers on personal property?
You can track property you own or have explicit permission to monitor. Placing a tracker on someone else’s property without consent is usually illegal.
