GPS devices are a valuable asset for private investigators. They often use GPS trackers to collect solid evidence for their clients. But how legal is it to use a GPS tracker or the evidence collected through it? Apart from legality, the use of GPS trackers is also considered unethical and an invasion of privacy. While there are staunch believers to both sides of the argument, there are no defined laws or regulations about the use of GPS trackers.
In the article, you will find out whether private investigators can use GPS trackers and the allegations against them to do so.
Table of Contents
GPS Trackers and Private Investigators
People often hire private investigators to conduct lawful investigations. For instance, a spouse may hire a private investigator to find out if their spouse is cheating on them. Even some attorneys may hire them to collect evidence for criminal cases.
A private investigator can do background checks, surveillance, and investigations to collect evidence.
Background Check
A private investigator can perform background checks of their target by looking into their details such as criminal records, financial background, education history, etc.
Surveillance
A private investigator may conduct surveillance in different ways:
- Physically by following the target.
- Technically by using GPS trackers, microphones, or recorders.
- Digitally by following targets on social media. Or by checking the web history or digital trash.
Investigations
Lastly, a private investigator will look into the evidence and analyze whether it is sufficient. And then they will present it in front of the client.
Benefits of GPS Surveillance For Private Investigators
Without GPS and other technologies, it is a tiresome and arduous task. How?
Ease
Suppose the investigator wants to put surveillance on a person. He will have to follow him by himself wherever that person will go. They have to stay with the person for the whole day without rest or a meal.
Nowadays, a private investigator can attach a GPS tracker to the target’s vehicle or belongings and monitor their activities from their office. They can use hidden GPS Trackers to track discreetly.
Safe
GPS tracker does not only provide a convenient mode of surveillance but also is safer. How?
Nowadays, arms have become common in households. And if someone finds that someone is following them, they might pull a weapon on them. Thus, GPS trackers give them the safety needed and obtain the evidence.[Benefits Of Using GPS Tracking Devices For Your Family]
Economical
Moreover, GPS trackers are more economical for private investigators to keep tabs on someone. For example, for surveillance, an investigator has to follow someone himself.
Meanwhile, they have to incur travel, food, and other related expenses. While with GPS, they only have to invest once and then monitor someone easily. [How Much Does a GPS Tracker Cost?]
Time
Furthermore, private investigators can multitask while keeping tabs on someone. How? With the help of GPS trackers, they can conduct surveillance or other work simultaneously. All they need to have is a phone or a desktop to see where the person is going.
Selecting GPS Trackers for Private Investigations
Every trade has its own tool. For private investigators, a GPS tracker is that tool. However, you need to be mindful of the tracker you choose. Here are some pointers.
Real-Time Tracking: Real-time tracking is essential for effective surveillance. Choose a GPS tracker that instantly displays the location of the person or object. This real-time data keeps you informed of what’s going on so you can make decisions and act promptly. Whether you’re following someone or keeping an eye on a car, real-time monitoring provides the most accurate information.
Precision: Surveillance requires precision. Is your subject at the hotel in a room or just using the gym or the in-house restaurant? Also, you need to collaborate with law enforcement, and they need accurate location data to believe you. Choosing a highly precise GPS tracker is so critical. When you can pinpoint a person, you can ensure that your investigations are based on reliable information, decreasing the possibility of errors or misunderstandings.
Extended Battery Life: Surveillance can last hours, days, or even weeks. As a private detective, you need GPS trackers with long-lasting batteries or solar charging to keep an eye on things without being interrupted. This makes long-term surveillance easier by eliminating the need for frequent recharging and the possibility of losing track due to a dead battery.
Discreet Portability: Tracking someone without their knowledge is no less than a secret mission. That is why you need a compact GPS tracker that can be readily hidden and gather information without raising suspicions. You must be able to attach or conceal the tracker discretely to successfully track your subject and fulfill your mission.
Durability and Reliability: You never know what you will encounter while tracking someone. Weather and terrain can be a challenge to your job. So opt for a tracking device that can withstand these problems and keep offering accurate information. Moreover, if you go for a durable tracker, you can use it for several missions, thus saving on your operational cost.
Versatile Tracking Modes: When on the job, your surveillance requirements can change based on the situation. A GPS tracker with various tracking modes like continuous, interval, and motion-activated options offers you flexibility for these unprepared situations. This versatility also helps you save battery when not needed and lets the tracker adjust to specific investigation needs.
Instant Notifications: Having the right information at the right time is important for your job as a private investigator. GPS devices with quick alerts notify you when specified events occur, such as entering or exiting a specific location. With this quick notification, you can respond quickly and be prepared.
User-Friendly Mobile App: A modern feature of most GPS trackers that works in your favor is remote monitoring. They come with user-friendly mobile apps or web interfaces through which you can keep tabs on the subject’s movements and whereabouts from a distance. The remote access feature provides flexibility and convenience, enabling you to multitask and manage surveillance efforts effectively.
Historical Data Insight: Investigative success often hinges on patterns and trends. GPS trackers that capture and retain historical movement data offer valuable insights into a subject’s behavior and routine. By analyzing past movements and frequent destinations, you can uncover hidden connections and gain a deeper understanding of your subject’s activities.
Secure Data Transmission: Confidentiality is an important job ethic for investigators. And the GPS tracking device you use must also ensure secure data transmission to prevent unauthorized access to tracking information. Robust encryption and security measures safeguard sensitive data from falling into the wrong hands.
Tamper Detection: Secret missions are difficult because you are always worried about getting exposed. Then all your efforts will go down the drain. With a GPS tracker that offers tamper detection, you can get notified if the tracker is removed, and prepare for the consequences.
Legal and Ethical Compliance: The legal landscape surrounding surveillance is intricate and varied. As a private investigator, you must operate within the boundaries of regional surveillance and privacy laws. Therefore, the selected GPS tracker should align with these regulations to ensure ethical and responsible conduct throughout the investigation.
Flexible Subscription Plans: Many GPS tracking devices require subscription plans for data access. You should carefully evaluate subscription options, fees, data limits, and contract conditions to ensure cost-effective and seamless access to essential tracking data.
Responsive Customer Support: As a GPS tracker is a piece of hardware, it can have unexpected technical issues. Selecting a GPS tracker provider known for responsive and reliable customer support ensures that you receive prompt assistance in resolving any challenges that may arise.
Network Adaptability: Effective tracking relies on a strong network connection. It’s essential to verify that the GPS tracker functions smoothly with the mobile networks in the regions where the investigation is conducted, ensuring uninterrupted tracking data transmission.
Magnetic Attachment: Some scenarios require discrete attachment. GPS trackers with magnetic mounts allow you to easily and inconspicuously place the device on metallic surfaces, enhancing concealment and operational effectiveness.
Laws Related To The Use of GPS Trackers
To make it clear whether installing a GPS tracker without someone’s consent is legal or not, we need to know about the related laws.
There is no specific rule of law on whether or not affecting a GPS tracking device is in legal violation of someone’s privacy. Despite this, there have been different cases and lawsuits for the use of GPS trackers.
In 2012, the Supreme court ruled that no government or law enforcement agencies place a GPS tracker on someone’s vehicle without a warrant.
For individuals, the law varies from one state to another. In California, Texas, Virginia, and Minnesota, a private investigator can install a GPS tracker on a vehicle. While in Wisconsin, it is illegal to track someone.
And therefore, we can say that laws governing the use of GPS trackers are not definitive. Though, the fourth amendment and other related laws protect the privacy of individuals.
The fourth amendment of the US Constitution states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Are Private Investigators Allowed To Use GPS Trackers?
As we can see from the above, there are no clear laws about GPS trackers. But we can say that it is legal for a licensed private investigator to use a GPS tracker on your vehicle if they have no wrong intention.
As the above statement is confusing, let us understand this with the help of different scenarios.
Situations When It Is Legal and Illegal For A Private Investigator To Employ GPS Tracker
Employee and Employer
Suppose an employer finds out that their employees use commercial vehicles for their private interest. To cut down unnecessary operational costs, they can put a GPS tracker on the company’s car.
On the other hand, an employer can also hire a private investigator to investigate their employee for defrauding them, for example, sharing a company’s plan with a competitive firm.
But it is illegal for an employer or private detective to use a GPS tracker to find out where the employee is going after work or on leave. It will qualify as stalking, which is a punishable act.
Husband and Wife
A private investigator can use a spouse GPS tracker on a client’s request who is suspicious of their spouse for infidelity.
But it is illegal for the detective to use a GPS tracker if the couple is separated.
Unmarried Couple
Suppose a man comes to you with a request to track his fiancee. He believes that his fiancee is cheating on him with someone else. In this case, as the client is about to marry that person, a private investigator can put tabs on the target.
Child Custody
Suppose a client is doubtful that another parent is irresponsible towards their children. Such as, they leave them at home alone for a party. In this case, a private investigator can use the GPS device to collect evidence for court custody.
Other Scenarios
A private investigator can put a GPS tracker on a vehicle if their client is the registered owner.
Investigation v/s Stalking
There is a thin line between investigation and stalking. As a private detective, you need to identify it. Otherwise, you may have to face lawsuits.
An investigator license permits an investigator to follow someone. Once it is clear that the reason is legal and they have no intention to hurt someone, a private investigator can put a GPS tracker on a vehicle or belongings.
But suppose a private detective puts on a GPS tracker or follows someone because they find them interesting, or due to their curiosity, they may have to face outcomes. The person can even sue them for it.
It is also illegal for a private investigator to investigate someone if the client is not related to the person in any way or has unlawful intention.
How To Find A Hidden GPS Tracker placed by private investigators?
Do you think there is an unknown GPS tracker on your vehicle? The private investigators often install a magnetic GPS tracker underneath the car on a metal surface. But they can also hide the GPS tracker:
- In the glove box
- Under the seat
- OBD2 port
- Use a hardwired GPS tracker
Even after much search and effort, you cannot find the GPS tracker. Then you can choose to invest in a GPS scanner. It is available online.
Can You Sue Private Investigators?
If you find out that a private investigator is following you or keeping tabs on you through GPS trackers, you can take refuge from local law enforcement. Moreover, if the investigator is trying to harass or threaten you in any way, you can sue them in court.
Also, a private investigator cannot enter your properties illegally or film the interiors of personal property. Moreover, they cannot hack into your accounts or bank details. If you find that a private investigator is doing any of these, you can immediately sue them in court.
Future of GPS Trackers and Related Laws: Geolocation Privacy and Surveillance Act
There is also a bill named GPS Act that seeks to throw some clear insight about the usage of the GPS tracker. This bill still awaits consideration by the parliament.
It states: “No person may acquire the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by section 3, or the amendments made by this Act, or the Foreign Intelligence Surveillance Act of 1978. ”
Final Words
To sum it up, we can conclude that a private investigator can employ a GPS tracker with legal intentions. But if you encounter a detective who is threatening you or invading your privacy unlawfully, you can sue them in court.
If you are a private investigator, here is something for you. Family1st offers you an affordable and compact GPS tracker that helps you to monitor your target discreetly. Moreover, with the magnetic case, you can attach it anywhere in a few seconds. And as it is portable you can easily use the same device on multiple vehicles. To know more, visit the website now and talk to our experts.
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