Can You Track A Car In NY? – GPS Tracking Laws New York State
Summary
- GPS Tracker Use in NY: Legal for business and law enforcement; illegal for private use without consent.
-
Legal Tracking:
- Business Vehicles: Employers can track company vehicles with consent.
- Parents: Can track their teen's car with the teen’s consent.
- Law Enforcement: Requires a warrant for tracking suspects.
- Illegal Tracking: Unauthorized tracking of personal vehicles is illegal; considered stalking.
- Senate Bill S4187C: Regulates GPS tracking, limits use to law enforcement and certain legal purposes.
- Privacy Concerns: Unauthorized tracking without consent is a Class B misdemeanor.
- Positive Uses: Law enforcement uses GPS for tracking criminals, stolen vehicles, and missing persons with proper authorization.
Are you thinking about using a GPS tracker for personal or business purposes in New York State? While GPS devices can offer significant benefits, it's crucial to understand the legal guidelines and considerations that come with their use. This article will give you an overview of GPS tracking practices in New York State, helping you make informed decisions. We’ll explore the nuances of using tracking devices in the Empire State so you can monitor a vehicle without violating privacy laws.
GPS trackers have long been a source of conflict between privacy advocates and law enforcement agencies. While police support covert tracking as a cost-effective way to gather evidence and keep officers out of danger, privacy advocates argue that it infringes on personal rights and freedoms. Despite the disagreement, GPS technology has been helpful in protecting victims of domestic violence.
Is It Illegal To Track Someone Without Their Knowledge In New York?
If you’re a business owner with company-owned vehicles, the answer is yes—you can legally use a GPS tracker to monitor those vehicles. Lower courts have already decided that vehicle owners have the right to track their own cars. That’s why many businesses can track employees without needing their knowledge or consent, as long as the vehicles are company-owned and used for work. Similarly, appellate courts have made rulings around spouses using GPS to see if their partner is cheating, showing how these laws can apply in different situations.
The gray area is if you use a hidden GPS tracker to monitor a vehicle you do not own. If you do not own the vehicle you cannot enter the automobile and hide the tracking system inside the car. However, people do not have a right to privacy in public so the gray area of the New York State laws is if a person equips a vehicle tracker on the outside of a car as long as it is not done on private property. This is what a hired private investigator does in order to avoid breaking the law.
If you enter a vehicle you do not own with the intention of tracking that person this would be an unlawful use of the technology. This is what happened to Jackie Wisniewski, a GPS stalking violent crimes victim, which resulted in New York passing Jackie’s Law.
Is GPS Tracking Illegal In NY?
Yes, you can buy a GPS tracking device in New York. But owning one and using it legally are two very different things. If you're thinking about using a tracker on someone else's car, it’s important to know this: placing a GPS on a vehicle to monitor someone without their knowledge is considered a Class B misdemeanor. Even if the person being tracked doesn’t want to press charges, the police can still decide to take action.
Avoid Legal Trouble with GPS Trackers
If you’re unsure whether using a GPS tracker could get you into legal trouble, it’s wise to consult with an attorney first. This is especially important if you’re thinking about tracking employees or worry you might be crossing into stalking territory. You could be violating someone’s Fourth Amendment rights, which can lead to serious legal consequences. It's always better to be safe and get professional advice to avoid any legal pitfalls.
When Is GPS Tracking Okay?
There are several scenarios where you might want to use a GPS tracking device, like for business or personal reasons. Let's break down these situations and talk about what's legal and what's not, so you can make sure you're on the right side of the law.
Tracking a Spouse’s Car. In New York, it is illegal for a private citizen to use a GPS device to track their spouse’s movements or location without their consent. This is considered stalking and is a criminal offense.
Tracking a Teen Driver. Parents are allowed to install GPS tracking devices in their child’s car to monitor their driving habits and ensure their safety. However, this must be done with the teen’s knowledge and consent.
Employer Tracking. Employers in New York can use GPS tracking systems to monitor their employees’ movements while on the job, as long as the device is installed on a company-owned vehicle. However, employees must be informed of the tracking device’s presence and its purpose.
Tracking Criminals with Electronic Monitoring. GPS tracking devices can be used to monitor the movements of criminals who are on parole or probation. This helps law enforcement officers ensure that the individual is complying with the conditions of their release.
Police Use of GPS Tracking Devices. Law enforcement officers in New York are allowed to use real time GPS trackers to track criminal suspects or vehicles in the course of an investigation. However, they must obtain a warrant or have a legitimate purpose for doing so.
Private Investigator Use. Private investigators in New York are allowed to use GPS devices to track a specific person’s movements, but only if they have a legitimate reason and obtain the necessary legal authorization.
Tracking Sex Offenders. Sex offenders in New York are required to register their whereabouts with the state. GPS personal trackers can be used to monitor their movements and ensure compliance with the law.
Cities In New York State Where People Legally Use GPS Devices
- New York City
- Rocester
- Yonkers
- Syracuse
- Albany
- New Rochelle
- Buffalo
NY Senate Bill S4187C
NY Senate Bill S4187C is a piece of legislation that regulates the use of GPS tracking devices in New York. The bill prohibits private citizens from using a GPS device to track the movements or location of a specific person without their consent. The use of such devices is strictly limited to legitimate purposes, such as law enforcement investigations or monitoring the movements of sex offenders.
The bill defines a tracking device as any device that is capable of transmitting electronic signals that reveal its location or the location of another object. This includes portable GPS trackers and other electronic devices that can track the movements of a person or vehicle.
Violating the provisions of this bill can lead to criminal charges, including stalking in the fourth degree. However, the bill does allow exceptions for specific authorized uses of tracking systems, like electronic monitoring of criminals or tracking employees’ movements while they are on the job.
Overall, NY Senate Bill S4187C plays a crucial role in protecting individuals' privacy in New York. It ensures that GPS tracking is restricted to legitimate purposes, such as preventing abuse or aiding law enforcement investigations.
New York Police – Positive Applications Of GPS Technology
The New York high court’s groundbreaking decision requires law enforcement agencies to obtain a search warrant before installing a GPS tracker. This additional step forces police to establish reasonable cause before using GPS tracking, eliminating potential privacy violations. While the decision may make it harder for police to conduct surveillance, GPS tracking remains a valuable law enforcement tool. The ruling has created oversight on the use of GPS tracking devices, ensuring the protection of 4th Amendment Constitutional rights. Here are some positive examples of the New York police agencies using electronic monitoring:
- To track a suspect’s vehicle during an ongoing criminal investigation with a valid search warrant.Police can use GPS vehicle trackers to track the location of a suspect’s car during an investigation, as long as they have a valid search warrant or other legal authority to do so. This is a common practice in cases involving drug trafficking, white-collar crimes, and sex crimes.
- To monitor the movements of a parolee or probationer as part of their court-mandated electronic monitoring.GPS tracking technology is often used to monitor the movements of parolees or probationers as part of their court-mandated electronic monitoring. This helps ensure that the individual is complying with the conditions of their release, such as staying away from certain locations or individuals.
- To track a stolen vehicle with the owner’s consent.If a vehicle is stolen, the owner can give consent to the police to use a GPS vehicle tracker to track down the stolen vehicle’s location. This can help the police recover the stolen property and apprehend the thief.
- To locate a missing person or vehicle in an emergency situation.In cases of missing persons or vehicles, police can use GPS tracking technology to locate them in an emergency situation. This can be particularly useful in cases involving victims of domestic violence.
- To monitor the movements of a fleet of police vehicles or equipment for logistical or safety reasons.GPS tracking technology can be used to monitor the movements of a fleet of police vehicles or equipment for logistical or safety reasons. This helps ensure that police resources are being used effectively and that officers are operating safely while on duty.
GPS Tracking Laws New York State – FAQs
What does “tracking device means” refer to in New York’s law?
A tracking device, according to New York’s law, primarily refers to any instrument or equipment used to determine the location of people or objects. This includes a Global Positioning System (GPS), which functions through the transmission of electronic signals. These devices are pivotal for law enforcement in tracking vehicles or individuals involved in investigations.
What does the law say about tracking a vehicle owned by a registered owner without consent?
No, it’s prohibited. New York’s law insists that the registered owner must grant consent before a tracking device is installed on their vehicle. Movement by the transmission of electronic signals from a GPS device, for instance, can’t occur without the vehicle owner’s approval. Any deviation from this could be a violation of New York’s stalking laws.
Can law enforcement use GPS for electronic communication in tracking a suspect?
Yes, they can, but under specific conditions. Law enforcement agencies in New York can use the Global Positioning System (GPS) for electronic communication to track suspects. However, they must obtain a search warrant, thereby demonstrating a reasonable cause. It’s crucial to maintain transparency in the course of conduct to avoid privacy violations.
How does New York’s law prevent the crime of stalking through the misuse of tracking devices?
The law actively mitigates the crime of stalking by prohibiting the unauthorized use of tracking devices to determine the location of individuals. This means that using a device for movement tracking through the transmission of electronic signals without consent is illegal. New York’s stalking laws are put in place to protect personal privacy and prevent misconduct.
Related Content: How To Secretly Track A Vehicle