Legal uses of GPS vehicle Tracking Devices
 Family use of GPS tracking systems
Parents can’t always be around to watch what their teenagers are doing, although they might like to. They worry about their safety, as they make important decisions on their way to maturity.
When it comes to tracking a teen’s auto usage, there is little precedent in the courts, according to Stephen N. Roberts, a legal partner in the San Francisco, Calif. office of Nossaman, Guthner, Knox and Elliott, who addresses public law and privacy issues in his practice.
Each state is free to legislate the age of adulthood, but traditionally that legal transition comes at age 21. The courts generally don’t stand in the way of parents wanting to track the whereabouts of their children, the attorney said in a Web-published opinion, so there would be little weight to an argument of invasion of privacy in a GPS vehicle tracking case.
Does a GPS tracking device, installed in a teen’s car, show mistrust? Many parents take a direct approach and inform their teenagers that the device is installed or offer to purchase them a car, with the stipulation that it be equipped with GPS tracking. With a vehicle tracking system, parents are not dolling out responsibility based on blind faith. Teens could be able to earn more freedom with good driving habits.
 GPS tracking in law enforcement
GPS tracking devices have long-allowed law enforcement agencies to monitor the movement of suspects and vehicles. Many people are familiar with the use of court-ordered GPS devices in the form of ankle bracelets. They help authorities regulate the activities of criminals, especially convicted sex offenders.
Less is known about the more covert surveillance of vehicles. A 2007 article in the “The FBI Law Enforcement Bulletin” addressed the legality of GPS tracking in the law enforcement field, specifically when a warrant might be required. It based its opinion on the ruling of a federal grand jury in a suspected drug trafficking case.
The conclusion hinged on an analysis of the Fourth Amendment, which involves unreasonable search and seizure, specifically, the definition of privacy. The ruling was that suspects do have an expectation of privacy in the interior of their vehicles – including the passenger compartment, under the hood and in the trunk – but they do not have it for the car’s exterior. Similarly, there is no expectation of privacy in parking lots, in streets or other places in public view.
So, according to the article, federal law allows agents, without a warrant, to access a vehicle and install a GPS tracking device on the exterior, if it is parked on a public street. However if agents need to go inside the vehicle to install a GPS tracking device, its transmitter or antenna, a warrant would be needed.
Debate and challenge will continue
It’s clear that GPS tracking will become more in demand – by business people, law enforcement and the general public – as vehicle tracking devices become more sophisticated, accessible and affordable.
Any type of technology can, and probably will on occasion, be misused. But that should not be a reason for someone to lose sight of that product’s benefits.
Laws are evolving year by year, as vehicle tracking technology improves and their legal limits are challenged, case by case.
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Tags: GPS Tracking, legal issues, privacy issues, Teen Driving, Vehicle Tracking
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April 16th, 2009 at 10:13 am
A device that lowers your insurance rates and tells you where your kids are at. SOunds awesome.