Federal GPS Tracking Laws: What You Need to Know Before You Start Tracking

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Key Takeaways:

• GPS tracking is legal on your own property but illegal on someone else’s property without consent.
• Court cases have defined GPS tracking laws for police, employers and private individuals.
• Laws vary by state some require consent.
• Know the laws by state to comply. Knowing the specific laws in each state will help you avoid legal trouble and protect your privacy.
• For private investigators and citizens, it’s unclear what’s legal for GPS tracking.

Understanding GPS Tracking Laws

GPS tracking laws govern how tracking devices can be used on people, vehicles or assets. These laws protect personal privacy while allowing legitimate uses like fleet management, asset tracking and child safety.

Because laws vary by state you need to know the laws in your area to avoid legal trouble. Many of these laws are designed to prevent misuse like unauthorized tracking or stalking while allowing beneficial uses. Having a GPS tracking policy is key to comply with state laws and employee privacy concerns.

Why GPS Tracking Laws Matter

For businesses, law enforcement and private individuals' non-compliance with GPS tracking laws can mean serious consequences including fines and even criminal charges.

For businesses that operate in multiple states it’s even more important to stay current with tracking laws as the laws can be vastly different from state to state. By understanding and following these laws you can ensure GPS tracking is used legally, ethically and responsibly. You also need to understand different GPS tracking methods and their legal implications especially for business owned vehicles and mobile apps.

What Do GPS Tracking Laws Cover for GPS Tracking Devices?

GPS tracking laws aim to balance personal privacy rights with legitimate use of tracking technology. These laws prevent abuse—like stalking, harassment or unauthorized surveillance while still allowing legal tracking.

You need to consider the laws around GPS tracking data. Some states have no restrictions on private individuals using GPS tracking, but Montana requires law enforcement to get a search warrant to access GPS tracking data.

For example:

• Businesses can track company motor vehicle and assets.
• Parents can track their children.
• Law enforcement can track but usually only with a warrant.

By having clear laws GPS tracking is used responsibly and ethically.

What are GPS Tracking Laws?

GPS tracking laws are the regulations and guidelines that govern the use of GPS tracking devices to monitor the location and movement of people, vehicles or assets. These laws balance the need to track and monitor with the right to privacy and personal freedom. They vary greatly by state and country and the legal standards and cultural attitudes towards privacy. If you’re using GPS tracking devices you need to understand these laws as non-compliance can mean serious legal consequences. Whether you’re tracking a fleet of vehicles, managing assets or tracking loved ones being aware of the laws will help you use this technology legally and responsibly.

GPS Tracking Laws by State

GPS tracking laws vary greatly by state. Some states have strict laws requiring consent, others have few restrictions. Some states have no laws against GPS tracking but it’s still recommended to get consent from individuals to avoid legal trouble.

State Specific GPS devices Law:

• Alabama – Legal, but electronic surveillance is illegal on private property.
• Alaska – Legal, but illegal if it causes fear of harm and is non-consensual.
• Arizona – Legal, but tracking a person over 12 hours or twice requires consent.
• Arkansas – Legal, and tracking employees via cell phones is not restricted.
• California – Legal, but illegal to track a person without consent.
• Colorado – Legal, but illegal if it causes emotional distress.
• Connecticut – Legal, but requires consent and must not cause emotional distress.
• Delaware – Legal, but illegal without consent.
• Florida – Legal, but illegal without consent.
• Hawaii – Legal, but illegal without consent.
• Idaho – Legal, but tracking electronic communication is restricted unless business-related.
• Illinois – Legal, and tracking employees in company vehicles is allowed.
• Indiana – Legal, but requires written consent.
• Iowa – Legal, but illegal without a legitimate reason.
• Kansas – Legal, but illegal without a legitimate reason.
• Kentucky – Legal, but illegal without consent.
• Louisiana – Legal, but illegal without consent.
• Maine – Legal, but illegal without consent.
• Maryland – Legal, but illegal without consent.
• Massachusetts – Legal, but illegal without consent.
• Michigan – Legal, and tracking company-owned vehicles is allowed.
• Minnesota – Legal, but illegal without consent.
• Mississippi – Legal, and tracking employees via cell phones is not restricted.
• Missouri – Legal, and tracking employees via cell phones is not restricted.
• Montana – Legal, and tracking employees via cell phones is not restricted.
• Nebraska – Legal, and tracking employees via cell phones is not restricted.
• Nevada – Legal, but illegal without consent.
• New Hampshire – Legal, but illegal without consent.
• New Jersey – Legal, but illegal without consent.
• New Mexico – Legal, and tracking employees via cell phones is not restricted.
• New York – Legal, but illegal without consent.
• North Carolina – Legal, but illegal without consent.
• North Dakota – Legal, but illegal without consent.
• Ohio – Legal, and tracking employees via cell phones is not restricted.
• Oklahoma – Legal, but illegal without consent.
• Oregon – Legal, but illegal without consent.
• Pennsylvania – Legal, but illegal without consent.
• Rhode Island – Legal, but illegal without consent.
• South Carolina – Legal, but illegal without consent.
• South Dakota – Legal, and tracking employees via cell phones is not restricted.
• Tennessee – Legal, but illegal without consent.
• Texas – Legal, but illegal without consent.
• Utah – Legal, but illegal without consent.
• Vermont – Legal, and tracking employees via cell phones is not restricted.
• Virginia – Legal, but illegal without consent.
• Washington – Legal, but illegal without consent.
• West Virginia – Legal, and tracking employees via cell phones is not restricted.
• Wisconsin – Legal, but illegal without consent.
• Wyoming – Legal, but illegal without consent.

? Note: These laws change frequently – always check your local laws or consult a lawyer before using a GPS tracking device.

When is GPS Tracking Legal?

It’s legal to use a GPS tracker if:

✅ You own the vehicle or asset being tracked.
✅ You are tracking an asset that might be stolen (like a rental car or leased equipment).
✅ You are tracking your child (under 18) for safety reasons.
✅ You are tracking a vehicle for legal repossession in case of loan default.

When using an electronic or mechanical device for tracking, consent is required from employees as this is a key factor in state laws regarding employee monitoring.

It’s generally illegal to use a GPS tracker if:
❌ You don’t own the car or asset and don’t have legal permission to track it.
❌ You’re tracking a romantic partner without consent.
❌ You’re tracking an employee’s personal vehicle without their permission.

Legal Considerations for GPS Tracking

When it comes to GPS tracking several legal considerations must be taken into account to comply with state and federal laws. First and foremost, consent from the individual being tracked is often a legal requirement. This is especially important in states with strict electronic surveillance laws. Also, the purpose of the tracking must be legitimate, like fleet management, asset tracking or to ensure the safety of minors. It’s also important to protect the privacy and security of the tracked individual or asset, to use the data collected responsibly. Employers must disclose the use of GPS tracking to employees especially when tracking company owned vehicles or devices. By following these legal considerations, you can avoid legal troubles and use GPS tracking technology ethically.

Who Can Be Tracked and How

GPS tracking laws vary by state, but generally certain individuals and entities can be tracked under specific circumstances. Employees using company owned vehicles or devices can be tracked if they are informed of the tracking. Fleet vehicles and assets can be monitored for management and security. Individuals can be tracked with consent and parents can track minors with parental consent. Law enforcement agencies can use GPS tracking but usually with a warrant or court order. The type of GPS tracking device used also matters, some states have laws for electronic tracking devices and others for mechanical devices. Knowing who can be tracked and under what circumstances is key to being legal.

Type of GPS Tracking Device Used

There are several types of GPS tracking devices, each with its own features and legal implications. Electronic devices use cellular or satellite signals to send location data, real time tracking. Mechanical devices use GPS signals to track location and movement but may not provide real time updates. Mobile devices can be installed on vehicles or carried by individuals, gives flexibility in tracking options. GPS tracking systems often use a combination of GPS and cellular signals to improve accuracy and reliability. The device used can affect the accuracy and reliability of the tracking data and the cost and complexity of the system. Choose a device that fits your needs and complies with the laws and regulations, so your tracking is both effective and legal.

Court Cases That Have Changed GPS Laws

Several court decisions have defined GPS tracking laws especially for law enforcement and employers (employee tracking laws).

Legal precedents on vehicle tracking emphasizes the need for consent and compliance to both state and federal laws.

Notable Cases:

1. United States v. Jones (2012) – The Supreme Court ruled that law enforcement can’t put a GPS tracker on a suspect’s vehicle without a warrant. This decision reinforced Fourth Amendment privacy protections.
2. Elgin v. Coca-Cola Bottling Co. (2005) – A company tracked an employee’s company owned vehicle. The court ruled in favor of the employer, since the vehicle was company owned, tracking was legal.
3. Cunningham v. New York Department of Labor (2013) – A state agency tracked an employee’s vehicle after work hours without their knowledge. The court ruled in favor of the employer since the employee was under investigation for time fraud.
4. United States v. Katzin (2013) – Police used GPS tracking to monitor robbery suspects without a warrant. The court ruled that placing a tracker without a warrant is a Fourth Amendment violation and the charges were dropped against the suspects.
5. Rhode Island Business Case – A Rhode Island business case highlights the legal framework for GPS tracking of employees. The court ruled that businesses can track vehicles that are owned or leased for business purposes, consent is required and there are legal protections for businesses that use such tracking methods.

These cases show that law enforcement and employers must follow strict rules but private individuals have less defined laws.

The Legality of Tracking for Police and Licensed Private Investigators

It is important to know that the laws governing GPS tracking by government agents, police, or private citizens are not definitive. The Fourth Amendment and other state and federal laws grant United States residents certain protections to their privacy, including strict limits on illegal search and seizure. But there's nothing in the Constitution that addresses GPS tracking technology-or many other forms of electronic surveillance.

The Supreme Court and several lower courts issued rulings on GPS tracking in 2012 and 2013, but those decisions addressed narrow uses of the technology by police and employers, respectively. The courts didn't address the use of GPS tracking devices by private citizens or private investigators and no federal amendments were made to existing laws.

While there have been cases in recent years addressing the use of GPS tracking devices in the private sector, the rulings have been largely inconsistent. The one similarity among them is that, generally, when the owner of the vehicle or asset is the person who authorized the use of the GPS tracking device, the law is on their side.

With its recent ruling on GPS tracking by police, the Supreme Court left many questions unanswered. But the justices signalled that they were ready to delve more deeply into electronic surveillance issues. You can read more about the 2012 Supreme Court decision here.

The laws for police and private investigators are not clear.

• Police Use: Courts have ruled that law enforcement must get a warrant before using GPS trackers to monitor suspects. But laws vary by state and some local courts may interpret differently.
• Private Investigators: In some states, licensed private investigators can use GPS tracking under certain circumstances but it’s not clear in many jurisdictions.

When you use a GPS tracking system, make sure to consider the legal requirements including consent to comply with state laws.

? In a nutshell: If you’re a private citizen or investigator talk to a lawyer before using GPS tracking to avoid legal problems.

Conclusion: Know Before You Track

GPS tracking can be a great tool for safety and security but comes with legal obligations.

✔ DO:

• Use GPS devices only on vehicles or assets you own.
• Stay up to date on state and federal tracking laws.
• Get express consent when tracking employees or individuals.

❌ DON’T:

• Track a partner, employee or stranger without permission.
• Use of GPS tracking for harassment, stalking or unauthorized surveillance.
• Assume laws in one state apply nationwide—they don’t!

? Final Tip: GPS devices laws change often. Always check local and federal laws before placing a tracker on any vehicle or asset. If in doubt, talk to a lawyer to make sure you’re in compliance. Tracking laws by state are important as they vary greatly; for example, Arkansas only allows GPS tracking on state owned vehicles, California requires owner consent.