Aside from stalking, there are many “legitimate” reasons why someone would want to put a GPS tracker on your vehicle. Employers who want to ensure employees do not misuse company vehicles can use GPS tracking. A spouse may want proof that their significant other is cheating so they have grounds to file for divorce. Even a finance company or car dealership may want to use a GPS locator to locate a car that needs repossession for non-payment. All of these could be considered legitimate reasons, but is it legal in New York?
Using GPS to stalk someone in New York
Photo by Mika Baumeister on Unsplash
Photo by Mika Baumeister on Unsplash
On July 23, 2014, former New York Governor Andrew Cuomo signed Jackie’s law into law, named after Buffalo’s Jackie Wisniewski, who was killed by her stalker. She was being followed by her ex-boyfriend, who attached a GPS tracker to her vehicle and later murdered her. The law strengthened protections for victims of domestic violence,
This law allows law enforcement agencies to prosecute offenders for fourth-degree stalking crimes without the victim having to file a report or issue a protection order. Law enforcement agencies will have the ability to charge and prosecute an individual if he or she installs a GPS device to track their victim’s movement or location. Responsibility for law enforcement is shifted from the victim to law enforcement agencies.
While Jackie’s Law protects people from using GPS tracking for stalking purposes, what about other uses?
What About Using GPS to Track a Spouse in New York?
Photo by Sandy Millar on Unsplash
Photo by Sandy Millar on Unsplash
Considering Jackie’s Law, you might be wondering if you can go after your spouse who you think is cheating or doing something else underhand. According to the law firm Bikel & Schanfield, you can use GPS tracking for your spouse unless they request that you don’t.
If you suspect your spouse of cheating on you or secretly dealing in marital property, you may be interested in installing a GPS tracker on their car to see where they are going. It’s legal in New York unless they’ve specifically told you not to. If they don’t, it is considered stalking and is illegal.
Using GPS tracking on a company vehicle in New York
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According to the law firm Sommers Schwartz, a company can track a vehicle it owns that an employee is driving (to be clear, the company can track the vehicle, not the person).
An employer is in a good position to attach a GPS device to a company vehicle and use data collected during misconduct investigations, especially if the employee knows the device is in the vehicle and the information is only available during working hours to be collected.
Can New York Law Enforcement Agencies Use a GPS Tracker to Gather Evidence?
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The short answer is yes, but the long answer according to GPS Tracker Shop is that they must first obtain a search warrant, which means they must have proof that there is justification and a reasonable cause
After carefully reviewing the evidence and the manner in which New York law enforcement officials used GPS tracking technology, the New York courts concluded that no police or law enforcement agency can use evidence obtained from a GPS vehicle tracking unit have been collected unless they have previously obtained a search warrant. The court made it very clear that a search warrant must be obtained before installing a GPS car tracker.
When is a GPS tracker legal to use in New York?
Photo by Ivan Shemereko on Unsplash
Photo by Ivan Shemereko on Unsplash
There are other situations where a GPS tracker can be legally used in New York. According to Brick House Security,
It is generally legal to use a GPS tracking device when:
– You or your organization own the vehicle or asset to be tracked
– You own the asset that could be taken without your permission
– Your children (under the age of 18) are the focus of tracking
– You track a car or asset for legal repossession in the event of a loan default
It is generally illegal to use a GPS tracking device when:
– You are not the owner of the car and have no legal right to track it
– They are trying to locate a friend in their own car
If in doubt, consult a New York state attorney before installing a GPS tracking device.
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