GPS Tracking Laws by State: What You Need to Know Before Using a GPS Tracker
GPS tracking is a powerful tool used for vehicle security, fleet management, and personal safety. However, GPS tracking laws vary by state, and using a tracker improperly can lead to legal trouble.
Whether you’re a business owner monitoring company vehicles, a concerned parent tracking a teen driver, or a private investigator conducting surveillance, it’s crucial to understand the laws that govern GPS tracking in your state.
In this guide, we’ll cover:
✅ Federal and state laws on GPS tracking
✅ Who can legally use GPS trackers
✅ State-by-state GPS tracking regulations
✅ Consequences of violating GPS tracking laws
Is GPS Tracking Legal? Understanding Federal and State Laws
Federal GPS Tracking Laws
At the federal level, the Fourth Amendment protects U.S. citizens from unreasonable searches and seizures. This means law enforcement cannot legally install a GPS tracker on someone’s vehicle without a warrant.
The landmark 2012 Supreme Court case, United States v. Jones, ruled that placing a GPS tracker on a vehicle without a warrant constitutes an illegal search under the Fourth Amendment.
While federal law regulates GPS tracking by government agencies, individual states have their own laws regarding businesses, employers, and private individuals using GPS trackers.
Who Can Legally Use GPS Trackers?
The legality of GPS tracking depends on who is tracking whom and why:
✔ Vehicle Owners: If you own a vehicle, you can legally install a GPS tracker on it. This includes personal vehicles and company-owned vehicles used by employees.
✔ Parents & Guardians: You can track your minor children (under 18) without legal issues.
✔ Businesses & Employers: You can track company-owned vehicles, but some states require employee consent.
✔ Private Investigators & Law Enforcement: Laws vary by state, but PIs and police typically need a warrant or legal authorization.
❌ Tracking Someone Without Their Consent: In most states, tracking a spouse, friend, or stranger’s vehicle without consent is illegal.
GPS Tracking Laws by State
Since GPS tracking laws differ across states, here’s a state-by-state breakdown of what you need to know.
States with Strict GPS Tracking Laws
These states have specific laws prohibiting unauthorized GPS tracking, often requiring consent or ownership of the tracked vehicle.
🔴 California – Unauthorized GPS tracking is a misdemeanor under California Penal Code 637.7. You cannot track a person’s vehicle without consent, unless you own the vehicle.
🔴 Texas – Installing a GPS tracker without consent is a criminal offense under Texas Penal Code 16.06. Law enforcement must obtain a warrant.
🔴 Illinois – Under Illinois Compiled Statutes (720 ILCS 5/21-2.5), it is illegal to install a GPS device on a vehicle without the owner’s consent.
🔴 Michigan – Michigan law (MCL 750.539l) prohibits using GPS tracking on a vehicle without the owner’s permission, except for legal guardians tracking minor children.
🔴 Virginia – In 2021, Virginia passed a law making unauthorized GPS tracking a Class 1 misdemeanor, punishable by jail time.
States Requiring Consent for GPS Tracking
These states allow GPS tracking only if the person being tracked gives consent or the tracker owns the vehicle.
🟡 Florida – Under Florida Statute 934.425, tracking someone without their consent is illegal. Employers can track company vehicles with notice to employees.
🟡 New York – GPS tracking laws in New York are strict regarding privacy. Employers must notify employees if tracking company vehicles.
🟡 Pennsylvania – Pennsylvania law states that placing a GPS tracker on someone’s vehicle without consent can result in criminal charges.
🟡 Minnesota – Minnesota requires explicit consent from an individual before tracking their location, even in company-owned vehicles.
States Where GPS Tracking is Generally Allowed with Ownership
These states allow vehicle owners to use GPS tracking, including businesses tracking company-owned vehicles.
🟢 Ohio – GPS tracking is legal if the vehicle owner installs the tracker. Employers can track company vehicles.
🟢 North Carolina – As long as you own the vehicle, you can install a GPS tracker. However, tracking a spouse or ex-partner without consent may lead to legal consequences.
🟢 Georgia – No specific laws prohibit GPS tracking, but stalking laws may apply if tracking is used for harassment or intimidation.
🟢 Arizona – There are no statewide laws against GPS tracking, but general privacy laws apply.
🟢 Tennessee – GPS tracking is legal for vehicle owners. Employers may track fleet vehicles, but tracking employees personally requires consent.
Employer GPS Tracking Laws
Employers often use GPS tracking for fleet management, but laws differ by state. Here are key considerations:
✔ Company-Owned Vehicles: Employers can track company vehicles, but some states (e.g., California, New York, Florida) require employee consent.
✔ Personal Vehicles: Employers cannot track employees in their own vehicles without consent.
✔ Notification Requirement: Many states require businesses to disclose GPS tracking policies in employee handbooks or contracts.
If you’re a business owner, consult state laws before implementing GPS tracking to avoid legal risks.
What Happens If You Violate GPS Tracking Laws?
If you illegally track someone using GPS, you could face:
❌ Criminal Charges: In states like Texas, Virginia, and California, unauthorized GPS tracking is a misdemeanor or felony, punishable by fines or jail time.
❌ Civil Lawsuits: Victims of illegal GPS tracking can sue for invasion of privacy or harassment.
❌ Restraining Orders: If tracking is linked to stalking or domestic disputes, courts may issue protective orders against the tracker.
How to Legally Use a GPS Tracker
To stay within the law, follow these best practices:
✔ Own the Vehicle: If you own the car, you can install a GPS tracker.
✔ Get Consent: If tracking another person’s car, written consent is safest.
✔ Follow State Laws: Check your state’s specific regulations before using a tracker.
✔ Avoid Stalking or Harassment: GPS tracking should never be used for malicious purposes.
Final Thoughts
GPS tracking is a valuable tool, but misusing it can lead to serious legal consequences. Since GPS tracking laws vary by state, it’s essential to understand your local laws before using a tracker for personal, business, or investigative purposes.
🚗 Need a GPS tracker for legal use? Explore our selection of law-compliant GPS tracking devices today!
📍 Have questions? Contact us for expert guidance on how to track legally in your state.
FAQs About GPS Tracking Laws
Can I track my spouse’s car without their consent?
In most states, NO. Even if you’re married, tracking your spouse’s vehicle without consent could be illegal.
Can an employer track my personal vehicle?
No, unless you give consent or the company owns the car.
Do police need a warrant for GPS tracking?
Yes. After United States v. Jones (2012), police must get a warrant before tracking a suspect’s car.
Are AirTags or Tile trackers legal?
Yes, if used to track your own belongings. Using them to track someone else without consent can lead to criminal charges.
Stay informed, stay legal, and track responsibly! 🚀📍
