Can I Use a GPS Device to Track Another Personís Car?
Private use of a GPS device to track another citizenís
car is also debatable. Generally speaking, itís legal to
use a GPS device to monitor another personís car if:
The person or company attaching the GPS owns the
The GPS device is place on the outside of the car,
such as underneath a bumper.
The vehicle is visible or accessible to the public
place, such as a street or parking lot, when the
device is placed on it.
The information obtained could also be obtained by
physically following the vehicle.
The vehicle is not located on another personís
private property when the GPS is attached.
However, itís probably illegal to use the GPS tracking
Installing the device requires breaking into the
The device would need to be ďhardwiredĒ into the
The vehicle is in a location where the owner has a
reasonable expectation of privacy, such as inside of
a garage on their property or behind tall hedges,
and can only be installed by trespassing.
Again, the above is a general outline. Depending on the
laws of the state and
trespassing issues aside, the
act of invading another personís privacy to install the
GPS device may amount to a criminal act itself.
What Is Trespassing?
Trespassing is the crime of unlawfully entering another
person's property without permission or authority to do
so. It is also considered trespass to interfere with
anotherís use of their property, such as enclosing a
portion of their land. You may commit the crime of
trespass when you intentionally enter or even remain on
the property of another without the permission or the
right to do so. How Can Someone Be Convicted of
Trespassing? In order to be convicted of trespassing the
prosecution must prove: Unlawful entry onto another's
land The trespasser knew that they were not permitted on
the land Some states will not convict trespassers if
they entered land that appeared to be unimproved or
apparently unused. Thus, landowners with rural
properties interested in keeping trespassers out should
post signs or put up fences to let people know they are
not welcome. What Are The Consequences of Trespassing?
Trespassing is usually a criminal misdemeanor, and is
also a crime from which a victim may recover monetary
damages. Common consequences for trespassing include:
Imprisonment Fines Monetary damages paid to the
landowner In some states, the nature of the property
determines the seriousness of the offense. For instance,
trespassing at a school is a more serious offense than
trespassing in a rural field. Additionally, in some
states, trespassing on a construction site may increase
the charge to a felony. Other crimes that were committed
in commission of the original trespass will usually
result in a harsher punishment. What Are Possible Legal
Defenses for Trespassing? The crime of trespass usually
requires intent to enter the property of another and the
element of intent can be negated if a person did not
have actual intent to enter the property or was
accidentally pushed or thrown onto the property without
intent. Some other potential defenses include: You had
the right or permission to be on the property You had
consent of owner to be on property You did not
intentionally enter the property You did not actually
obstruct or interfere with activity on the property .