GPS Tracking Device Legality Explained

GPS Tracking Laws Across Different States 

When GPS Tracking is Allowed and When It’s Not 

Legitimate Use: 

1. Employers tracking corporate-owned vehicles in employee’s use. 
2. Parental monitoring and safety of minors. 
3. Law enforcement agencies with authorization letters or warrants.

Illegal GPS Tracking: 

1. Unconsented GPS tracking device installation on employee’s vehicle or device.
2. Unconsented installation on an individual’s device, vehicle, or estate. 
3. Unauthorized surveillance in violation of the Fourth Amendment.  

Key Legal Factors in GPS Tracking 

Who Can Be Legally Tracked: Employees, minors, criminal offenders on probation, or suspects of illegal activities.

GPS Tracking Device Types & Legal Implications: 

Hard-wired GPS trackers, mobile GPS tracking apps, and plug-in GPS tracking devices are legitimate and can be used with the consent of the tracked person. Misuse of surveillance technology or covert monitoring through installation and real-time GPS tracking is illegal in all states of the US and is considered a stalking criminal offense. 

What Happens If You Violate GPS Tracking Laws? 

Under section 575.205 of the Missouri Revised Statutes, unconsented, covert, and unlawful installation of a tracking device is categorized as a Class D Felony, punishable with fines up to $10,000 and seven years of imprisonment.

Privacy Issues and Ethical Debates in GPS Tracking 

The Electronic Communications Privacy Act (ECPA) is introduced to safeguard individual privacy rights, surveillance ethics, and potential misuse of tracking devices by corporations, individuals, and law enforcement agencies. Despite legislative advances in this sphere, the issue of privacy rights and ethical reasoning while using GPS monitoring devices remains an ambiguous legal concept that needs more refinement.

Using GPS Tracking Responsibly to Protect Privacy 

Responsible and authorized use of such technology within the category of legitimate purposes under the relevant state laws ensures you are not infringing on individual privacy rights and unintentionally using any illegal way of tracking someone. Familiarize yourself with your state’s GPS tracking laws because ignorance of the law is not a valid legal excuse. 

Legal Disputes Over GPS Tracking Misuse 

1. US v. Jones, 565 US 400 – Supreme Court 2012 – This case laid the foundation of privacy rights under the Fourth Amendment, thereby establishing that installing a GPS device on a vehicle in the absence of a search warrant is a violation of an individual’s privacy under the amendment.
2. Carpenter v. US, 585 US 296 – Supreme Court 2018 – Accessing the history of location data through a tracking device without a warrant is a gross violation of privacy rights.  
3. Jessica Benoit 2025 – A woman was fined $20,000 for installing an illegal tracking device in the stuffed bear of her ex’s child.

Is it illegal to track someone without their permission? The above-mentioned cases are clear instances that unconsented tracking is illegal and punishable with imprisonment and fines. 

Final Takeaways on GPS Tracking Dos and Don’ts 

What you must do before tracking: Seek written consent of the tracked person, inform the employee if you are an employer, and get a warrant if you are a law enforcement officer. 

What you must not do: Unconsented and unauthorized installation of GPS tracking devices on a person’s vehicle, mobile phone, or estate.