GPS Tracking Laws Louisiana – What Is Legal vs Illegal 2023
Before you invest in any devices to track an employee, family member, or cheating spouse, it is critical that you understand Louisiana laws regarding the use of GPS tracking devices. Therefore, let’s take a closer look at the legal ways how tracking devices can be used and how to avoid fines for thousands of dollars or imprisonment with the unlawful use of GPS tracking systems! Yes, this article will detail everything you need to know about the GPS tracking laws Louisiana currently has!
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Are GPS Trackers Legal In Louisiana?
YES! Anyone can legally purchase a GPS vehicle tracker in the state of Louisiana. However, much like security cameras or hidden camera technology, how you use the devices will determine if you are violating state or federal laws. So let’s break down how to use a tracking device with respect to legally monitoring a motor vehicle!
The Penalty For Illegally Using A GPS Tracker In Louisiana
In Louisiana, illegal use of a GPS tracker is considered an invasion of privacy. Violators could face misdemeanor charges, which can result in fines up to $2,000, imprisonment up to six months, or both, as per the Louisiana Revised Statutes, Title 14:66.1. These punishments aim to deter unwarranted surveillance and protect residents’ privacy rights.
2011 Louisiana Laws Revised Statutes TITLE 14 — Criminal law RS 14:323
Under Louisiana’s Revised Statutes, Title 14:323, using a mobile tracking device without proper consent is viewed seriously. If you place a GPS tracker, or any electronic tracking device, on a vehicle without the consent of the owner, lessor, or lessee, you’re breaking the law. This rule applies to any person or entity, except investigative or law enforcement officers within their legal jurisdiction.
This statute is specifically designed to protect an individual’s movements or location from unauthorized tracking. It’s crucial to note that it doesn’t just cover vehicles owned by a person, but also those leased or loaned. Unlawful tracking is closely linked to stalking laws, underlining the seriousness of the offense.
It’s worth highlighting that location data gathered from such tracking devices, including portable GPS trackers, is considered unlawfully obtained. Therefore, the law emphasizes respecting the privacy of every vehicle owner, lessor, or lessee. Violating this law can result in severe penalties, making it crucial to understand and abide by these restrictions.
Can Louisiana Law Enforcement Officers Use GPS Trackers?
Any police agency that has lawfully acquired a search warrant (Supreme Court’s decision) can use vehicle tracking systems to gather evidence on a private citizen that will assist in any counter surveillance operations. Law enforcement agencies are required to collect contemporaneous records describing (in detail) the circumstances why and how the hidden GPS tracker is being used.
Family Law & Child Custody: A parent or legal guardian can use a tracker to monitor the location or movements of a minor child without their consent.
Public Safety: The owner of a car can legally use a tracking device for the purpose of auto-theft recovery in the case that vehicle is ever stolen.
Louisiana Legal To Track Spouse With GPS?
This is a very important section as it pertains to fourth amendment rights, so please pay close attention if you plan on using a GPS tracker to discover if a spouse is cheating! Louisiana GPS laws state:
“A. No person shall use a tracking device to determine the location or movement of another person without the consent of that person.”
However, there are some ways to find out if a spouse is cheating without violating the tracking devices prohibited penalty. For example, you can never enter someone’s vehicle as that is private property, and you can never go to their private residence to equip a tracker on their vehicle. But many law firms have been able to argue that placing a vehicle tracker on the outside of an automobile while the vehicle is parked on public property is not a violation of Louisiana GPS tracking laws. GPS devices also can’t be traced back to the individual so even if your partner finds the device it would be nearly impossible for the device to be traced back to you. However, we strongly express you do not use GPS technology to stalk or violate the rights of anyone.
If you intend on using a vehicle tracking system in New Orleans, Baton Rouge, Shreveport, Metairie, Lafayette, Lake Charles, Kenner, or any other city in the great state of Louisiana it is important to first get professional legal advice from a licensed attorney so you get the most up-to-date legal advice and do not violate any criminal law or Louisiana revised statutes regarding electronic surveillance.
GPS Tracking Laws Louisiana – Disclaimer
This article doesn’t provide legal advice but rather, offers an overview of laws related to GPS tracking devices in Louisiana. It’s intended to increase awareness around location tracking and electronic communication devices.
You are responsible for how you use and potentially misuse GPS tracking devices. The term ‘device means’ used here doesn’t constitute a legal definition, and ‘unlawful for any person’ doesn’t replace actual legal advice. For definitive information on these subjects, please consult with a legal professional.
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