“The poor man’s divorce investigator”

by Walter Olson on May 27, 2009

“A spouse can legally conceal the GPS in the glove compartment or seat pocket, and depending upon the model of the GPS, track his or her partner’s whereabouts in real time.” [Legal Blog Watch; Chicago Sun-Times]

{ 3 comments }

1 VMS 05.27.09 at 7:57 pm

The NYS Court of Appeals recently decided a case where the use of GPS tracking by the police without a warrant constitutes an unconstitutional invasion of privacy. This is opposite of what the US Supreme Court held under the US Constitution.

http://www.nycourts.gov/ctapps/decisions/2009/may09/53opn09.pdf

2 Doug 05.27.09 at 9:15 pm

Wisconsin appellate court said that police can under Wisconsin law attach GPS w/o court order. “The State responds that no Fourth Amendment search or seizure occurs when police attach a GPS device to the outside of a vehicle while it is in a place accessible to the public and then use that device to track the vehicle while it is in public view. We agree with the State. At the same time, we urge the legislature to consider regulating both police and private use of GPS tracking technology. ”

State v. Sveum, No. 2008AP000658

Many jurisdictions are treating this differently.

3 Soronel Haetir 05.27.09 at 11:17 pm

In the divorce case I would expect it to be legal in many cases. The tracking spouse likely has enough legal interest left in the vehicle itself to justify keeping track of it.

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