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Do you know what the legality is of tracking a vehicle by installing a
covert device in that vehicle and then using GPS or cellular communications
to monitor that vehicle's whereabouts? (USA, California)
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Do you know what the legality is of tracking a vehicle by installing a
covert device in that vehicle and then using GPS or cellular communications
to monitor that vehicle's whereabouts? (USA, California)
My understanding is that you have to have the vehicle owner's consent,
the consent of the passenger in the vehicle (so you would be tracking
the passenger rather than the vehicle) or a court order.
Lighthope
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you'll be right.
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In article <5m1qt3lpakcr9fsqnref9aqm3mgagatuou@4ax.com>,
williedunlap34@yahoo.com says...
Do you know what the legality is of tracking a vehicle by installing a
covert device in that vehicle and then using GPS or cellular communications
to monitor that vehicle's whereabouts? (USA, California)
Perhaps you could offer more details. Is the car owned by you or
your spouse? Or are you tracking the vehicle as a paid service,
like a private investigator looking for evidence of infidelity?
--
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william dunlap wrote:
Do you know what the legality is of tracking a vehicle by installing a
covert device in that vehicle and then using GPS or cellular communications
to monitor that vehicle's whereabouts? (USA, California)
I sure know of no statutes forbidding this, but it would greatly depend
on the purpose you have of doing the tracking. If the purpose is for
something illegal or would create a tort, then you could be criminally
or civilly liable.
Frex, OnStar tracks vehicles can can even record snippets of
conversation. Few folks know that this is part of what they're buying
with their GM car. Since, AFAIK, GM doesn't use the tracking for any
nefarious purposes, it's not something it's getting into hot water for
having inherently in their system.
-paul
ianal
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william dunlap <williedunlap34@yahoo.com> wrote:
Do you know what the legality is of tracking a vehicle by
installing a covert device in that vehicle and then using
GPS or cellular communications to monitor that vehicle's
whereabouts? (USA, California)
It's going to come down to "Why are you tracking
this vehicle?" and "Is there an underlying criminal
activity on your part?". If you are tracking your
spouse or your child, there does not appear to be
an underlying criminal activity on your part.
If the tracking technology is readily available,
I would be surprised if private investigators were
not already using it to save time. Why follow a
vehicle if you can track it electronically?
Dick
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On Mar 16, 7:39 am, william dunlap <williedunla...@yahoo.com> wrote:
Do you know what the legality is of tracking a vehicle by installing a
covert device in that vehicle and then using GPS or cellular communications
to monitor that vehicle's whereabouts? (USA, California)
The quickest answer to this question (although perhaps not the most
reliable) can probably be found on the website of the GPA device's
manufacturer or retailer.
I see no problem with the plan from a constitutional or common-law
perspective. It is no more intrusive than having someone follow the
target car 24/7. There is a pile of case law that says a person has
no reasonable expectation of privacy with respect to things and
activities that are within public view. That means the answer will
depend on the statutes of the state in question.
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On Mar 16, 7:39 am, william dunlap <williedunla...@yahoo.com> wrote:
The quickest answer to this question (although perhaps not the most
reliable) can probably be found on the website of the GPA device's
manufacturer or retailer.
I see no problem with the plan from a constitutional or common-law
perspective. It is no more intrusive than having someone follow the
target car 24/7. There is a pile of case law that says a person has
no reasonable expectation of privacy with respect to things and
activities that are within public view. That means the answer will
depend on the statutes of the state in question.
Such as those punishing stalking and auto tampering criminally, or the
torts of trespass to chattels and invasion of privacy for starters.
Even law enforcement can't do it without first getting a search
warrant, absent exigency, and having probable cause-- assuming the
auto's not a bait car for thieves.
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