There are many “legitimal” reasons than stalking that someone may want to put a GPS tracker on your vehicle. Employers who want to ensure that employees do not abuse the company may want to use GPS tracking. A spouse may want to prove that his partner is cheating so that he can submit reasons for divorce. Even a financial company or a car dealer may want to use a GPS tracking device to find a car that has to be reclaimed due to non-payment. All of this could be considered legitimate as legal reasons, but is it legal in New York?
Use GPS to follow a person in New York
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On July 23, 2014, the former New York governor Andrew Cuomo Jackies Law, who was named after Jackie Wisniewski from Buffalo, signed by her stalker. She was persecuted by her ex-boyfriend, who put a GPS tracker on her vehicle and later murdered her. The law increased the protection of domestic violence for victims,
This legislation enables the law enforcement authorities to pursue perpetrators for a fourth degree due to the crime of stalking, without the victim being charges or submitting a protective arrangement. The law enforcement agencies can accuse a person and pursue criminal law if they install a GPS device to pursue the movement or location of their victim. The victim relocates the responsibility in the persecution of criminal complaints to law enforcement officers.
While Jackie's law protects people from using GPS tracking for the purpose of stalking, what about other uses?
What about GPS to watch a spouse in New York?
Photo by Sandy Millar on Unplash
Photo by Sandy Millar on Unplash
In view of Jackie's law, you may be wondering whether you can pursue your spouse from whom you believe that it is cheating or doing something else that is underhanded. According to the law firm Bikel & Schanfield, you can use GPS tracking for your spouse, unless you demand that you do not.
If you suspect that your spouse is cheating on or managing you who involve securely married assets, you may be interested in putting a GPS tracker in your car to see where you are going. This is legally to do in New York, unless you expressly told you not to do so. If you haven't said, this is considered stalking and illegal.
Use GPS tracking on a company vehicle in New York
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According to the law firm Sommer's Schwartz, a company can pursue a vehicle that an employee drives (in order to be clear, the company can pursue the vehicle and not the person).
An employer is on a solid foundation if a GPS device is connected to a company-owned vehicle and collected when investigating misconduct, especially if the employee knows that the device is on the vehicle and the information is only collected during working hours.
Can the law enforcement agencies in New York use a GPS tracker to collect evidence?
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The short answer is, but according to GPS Tracker Shop, the long answer is that you first have to receive an arrest warrant, which means that you have to prove that there is justification and reasonable cause.
After the careful review of the evidence and the route, in which the New York law enforcement officers used the GPS tracking technology, the New York courts came to the conclusion that no police or law enforcement agency could use evidence that were collected by a GPS vehicle tracking, unless they were first received a search command. The Court of Justice made it very clear that an arrest warrant must be obtained before installing a GPS car tracker.
When can a GPS tracker be used legally 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 used legally in New York. After Brick House Security,
It is generally legal to use a GPS tracking device if:
– You or your organization have the vehicle or the asset that it is to be persecuted
– They own the asset that could be taken without its permission
– Your children (under 18) are the focus of the persecution
– They pursue a car or asset for the legal withdrawal in the event of a failure to a loan
It is generally illegal to use a GPS tracking device if:
– You are not the owner of the car and do not have the legal right to pursue it
– they try to follow a friend in their own car
If in doubt, contact a lawyer in the state of New York before installing a GPS tracking device.
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