Aside from stalking, there are many “legitimate” reasons someone might want to attach a GPS tracker to your vehicle. Employers who want to ensure that their employees do not misuse company vehicles can use GPS tracking. A spouse may want to have evidence that their significant other is cheating so that they have grounds to file for divorce. Even a finance company or car dealer may want to use a GPS tracking device to locate a car that needs to be repossessed for non-payment. All of this could be considered a legitimate reason, but is it legal in New York?
Using GPS to Track a Person 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, named after Jackie Wisniewski of Buffalo, who was killed by her stalker. She was stalked by her ex-boyfriend, who installed a GPS tracker on her vehicle and later murdered her. The law strengthened protection for victims of domestic violence.
This legislation allows law enforcement to prosecute perpetrators for the crime of fourth-degree stalking without requiring the victim to press charges or file a protection order. Law enforcement has the ability to charge and prosecute a person if they install a GPS device to track their victim's movement or location. The responsibility for pursuing criminal charges is shifted from the victim to law enforcement officials.
While Jackie's Law protects people from using GPS tracking for stalking purposes, what about other uses?
How about GPS tracking a spouse in New York?
Photo by Sandy Millar on Unsplash
Photo by Sandy Millar on Unsplash
Given Jackie's Law, you may be wondering if you can track down your spouse who you believe is cheating or doing something else sneaky. According to the law firm Bikel & Schanfield, you can use GPS tracking for your spouse unless they request that you not do so.
If you suspect that your spouse is cheating on you or secretly conducting transactions involving marital assets, you may be interested in installing a GPS tracker on their car to see where they are driving. In New York this is legal unless specifically advised against. 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 law firm Sommers Schwartz, a company can track a vehicle that it owns and that an employee is driving (to be clear, the company can track the vehicle, not the person).
When an employer installs a GPS device on a company-owned vehicle and uses the data collected when investigating misconduct, the employer is on a safe footing, especially if the employee knows the device is in the vehicle and the information is available only during work hours be collected.
Can law enforcement in New York use a GPS tracker to collect 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 good cause.
After carefully reviewing the evidence and the manner in which New York law enforcement has used GPS tracking technology, the New York courts concluded that no police or law enforcement agency can use evidence collected by a GPS vehicle tracking device unless they have previously obtained a search warrant. The court made it clear that an arrest warrant must be obtained before installing a GPS car tracker.
When can a GPS tracker be legally used in New York?
Photo by Ivan Shemereko on Unsplash
Photo by Ivan Shemereko on Unsplash
There are other situations in which a GPS tracker can be legally used in New York. According to Brick House Security,
Using a GPS tracking device is generally legal if:
– You or your organization owns the vehicle or asset being tracked
– You own the asset that could be taken without your permission
– Your children (under 18) are the focus of tracking
– You pursue a car or asset for legal repossession in the event of a loan default
Using a GPS tracking device is generally illegal if:
– You are not the owner of the car and do not have the right to track it
– You're trying to track down a boyfriend or girlfriend in their own car
If in doubt, consult a New York State attorney before installing a GPS tracking device.
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