Using GPS Devices to Track Someone’s Vehicle in California: Starting Point for Individuals and Private Investigators

Technology like GPS tracking has made it easier than ever to monitor someone's movements. Whether you're a concerned parent, a business owner, or suspecting infidelity, the temptation to use GPS devices to track a vehicle is strong. However, California has some of the strictest privacy laws in the United States, and understanding these legal boundaries is crucial to avoid severe legal repercussions.

January 28, 2025

5 mins

Using GPS Devices to Track Someone’s Vehicle in California: Starting Point for Individuals and Private Investigators

1. Introduction

Global Positioning System (GPS) technology offers precise location tracking, making it a valuable tool for various legitimate purposes such as fleet management, personal safety, and investigative work. However, in California, using GPS devices to monitor someone's vehicle is heavily regulated to protect individual privacy rights. This article explores some legal framework governing GPS tracking in California, incorporates relevant federal laws, differentiates between what private citizens and private investigators can legally do, and outlines the consequences of unauthorized tracking.

2. Legal Framework Governing GPS Tracking in California

Understanding California state laws is essential for ensuring compliance when using GPS tracking devices.

California Penal Code Section 637.7: Prohibits the use of electronic tracking devices to determine the location or movement of a person without their consent (California Legislative Information, n.d.-a).

3. Using GPS Devices as an Individual

For private citizens, the use of GPS tracking devices is subject to strict limitations.

Consent is Crucial: Installing a GPS device on someone else's vehicle without their knowledge and consent is illegal (California Legislative Information, n.d.-a).
Ownership Matters: If you are the sole owner of the vehicle, you have the right to install a GPS device (California Legislative Information, n.d.-a).
Co-Ownership Scenarios: In cases of co-ownership, you may install a GPS tracker, but it should not infringe on the co-owner's reasonable expectation of privacy (California Legislative Information, n.d.-a).

Example 1: Parental Use of GPS Tracking

A parent installs a GPS tracker on a car used by their teenage child to ensure safe driving practices. This is legal because the parent owns the vehicle and is responsible for the minor's welfare (California Legislative Information, n.d.-a).

Example 2: Monitoring Elderly Family Members

An adult child places a GPS device in the car of an elderly parent suffering from dementia. The goal is to ensure the parent's safety, and if the adult child has ownership or power of attorney, this may be legally permissible (California Legislative Information, n.d.-a).

Example 3: GPS Tracking in a Co-Owner Relationship

In a marital relationship where both spouses are co-owners of a vehicle, one spouse installs a GPS tracker without informing the other. While ownership rights allow for installation, it may still infringe on privacy rights, leading to potential legal issues. Consulting a legal professional is advisable (California Legislative Information, n.d.-a).

4. GPS Tracking by Private Investigators

Private investigators (PIs) have more leeway but must still operate within legal boundaries.

Licensing Requirements: PIs must be licensed in California (Bureau of Security and Investigative Services, n.d.).
Client Consent: PIs can place a GPS tracker on a vehicle owned by their client (California Legislative Information, n.d.-a).
Third-Party Vehicles: Placing a GPS tracker on a vehicle not owned by the client is illegal without consent from the vehicle's owner (California Legislative Information, n.d.-a).
Compliance with Federal Laws: Must adhere to laws like the ECPA and rulings like United States v. Jones (U.S. Department of Justice, n.d.-a; U.S. Supreme Court, 2012).

Example 1: Investigative Tracking in a Fraud Case

A PI is hired by a company to investigate an employee suspected of theft. The PI legally installs a GPS tracker on a company-owned vehicle used by the employee, with the company's consent (Bureau of Security and Investigative Services, n.d.).

Example 2: Infidelity Investigations

A client suspects their spouse of infidelity and hires a PI. If the client is the sole owner of the vehicle, the PI can legally install a GPS tracker with the client's consent. If the vehicle is co-owned or owned solely by the spouse, installing a GPS tracker would be illegal without consent (California Legislative Information, n.d.-a).

5. Permissible Uses of GPS Tracking

Own Vehicle: You can install a GPS tracker on a vehicle you own outright (California Legislative Information, n.d.-a).
Parental Rights: Parents can monitor vehicles used by their minor children (California Legislative Information, n.d.-a).
Employer Monitoring: Employers can track company-owned vehicles with employee consent (California Legislative Information, n.d.-a).

6. When GPS Tracking Becomes Illegal

Without Consent: Installing a GPS tracker without the vehicle owner's consent is illegal (California Legislative Information, n.d.-a).
Stalking and Harassment: Using GPS tracking to stalk or harass someone is a criminal offense (California Legislative Information, n.d.-a).
Privacy Invasion: Even if you own the vehicle, using the data for unlawful purposes can lead to legal consequences (California Legislative Information, n.d.-a).

7. What to Do If You Are Being Tracked Illegally

Inspect Your Vehicle: Regularly check for unfamiliar devices.
Contact Authorities: Report to local law enforcement if you find a suspicious device (California Legislative Information, n.d.-a).
Contact a private investigator with experience installing GPS devices to check your vehicle.

8. Why Choose a Professional Private Investigator

Navigating the complexities of GPS tracking laws can be daunting. A professional private investigator is well-versed in legal restrictions and ethical considerations.

One option is to use Pursuut

Legal Compliance: Pursuut helps ensure all investigative activities comply with state and federal laws.

Expertise: Pursuut is comprised of pre-vetted private investigators.

Confidentiality: Investigators using Pursuut must maintain strict confidentiality, protecting your interests.

Comprehensive Solutions: Pursuut offers a range of investigative services tailored to your needs.

9. Conclusion

Using GPS tracking devices in California involves navigating complex legal terrain. Unauthorized tracking can lead to severe penalties, including fines and imprisonment. Whether you're a private citizen or a private investigator, it's crucial to understand the laws and obtain necessary consent. When in doubt, consulting with a professional private investigator via Pursuut can provide clarity and ensure that all actions taken are within legal boundaries.

10. Disclaimer

This article is intended for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on specific legal issues.

11. Additional Resources

California Penal Code Section 637.7: [Official Text](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=637.7.&lawCode=PEN)
California Invasion of Privacy Act (CIPA): [Legal Text]
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=630.&lawCode=PEN)
Electronic Communications Privacy Act (ECPA): [Overview](https://www.justice.gov/criminal-ccips/file/826856/download)
United States v. Jones (2012): [Supreme Court Decision](https://www.supremecourt.gov/opinions/11pdf/10-1259.pdf)
Driver Privacy Protection Act (DPPA): [Summary](https://www.justice.gov/opcl/driver-privacy-protection-act-1994-0)
Bureau of Security and Investigative Services: [Licensing Information](https://www.bsis.ca.gov/industries_regulated/pi.shtml)

12. Key Takeaways

Consent is Mandatory: Always obtain consent before installing a GPS tracker on someone else's vehicle.
Know the Law: Familiarize yourself with both California and federal laws regarding GPS tracking.
Professional Guidance: Consider hiring a professional private investigator to ensure all actions are legal.
Privacy Rights: Respect the privacy rights of others to avoid legal consequences.
Legal Risks: Unauthorized GPS tracking can result in fines, imprisonment, and civil lawsuits.

13. References