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Tracking device conversations occasionally crop up, with the public wondering what may be outlawed and what is allowed.
Certainly, there are numerous useful applications where a GPS tracker is concerned. In some instances, they could help to fight crime and even save lives.
Naturally though, considering how powerful a GPS tracking device can be, private citizens would need to be limited in what they can do.
All the information below is intended to help people understand the lines of GPS tracking laws in Missouri.
Therefore, if someone were considering having a GPS unit affixed to a motor vehicle, the person would have a better idea of what constitutes unauthorized tracking.
Situations in Which Someone May Want to Employ a GPS Tracking Device in St. Louis, Missouri
As indicated above, different scenarios could potentially lead someone to feel the need that a real-time GPS tracker is necessary.
Make no mistake as this does not only speak to private citizens. Companies may need GPS tracking devices too, as there may be value in having electronic surveillance over company assets.
In any case, here's a look at some of the reasons GPS devices may be employed.
Bear in mind that this is simply a look at why different parties may consider getting and implementing a GPS device.
There is no comment here on the extent to which any of these use cases are permitted by GPS tracking laws.
Tracking Employees
Many companies own vehicles that their employees may drive around to conduct different corporate affairs.
To ensure that the workers remain on schedule or are following the designated routes, a firm may see it fit to set up an electronic device for GPS tracking.
For example, a private or public bus service provider may see the need for such a device to GPS track its buses from end to end.
Keeping Tabs on a Significant Other
Unfortunately, the state of the world is such that trust is nowhere near where it should be.
Admittedly, many incidents have happened internally and externally to those who may not feel compelled to extend the said trust.
This situation is often found in relationships. Obviously, looking through a phone without the consent of a partner would never be termed an "illegal search," for example.
However, GPS tracking is another conversation entirely, which makes people think twice before they opt for this kind of electronic surveillance.
Of course, it isn't necessarily always about trust. In some cases, people genuinely want to be able to respond to emergencies in a pinch when loved ones are involved.
Even if it's not a full-on emergency, perhaps both partners may wish to implement GPS tracking technology as a safety measure.
Tracking the Movement of Your Children
A parent or legal guardian of a minor may also be concerned with GPS laws since there may be a need to affix a GPS tracking device to a vehicle being driven by the said minor.
Remember that Americans can drive legally before they are considered adults, after all.
Combine this with the fact that those on the younger side sometimes make less than stellar decisions, and there is a recipe for disaster.
Having a GPS device reporting the location of the child may be thought to make the role of a parent in this situation more manageable.
Monitoring a Rented or Loaned Vehicle
Private citizens sometimes rent their vehicles for a bit of extra cash, as do companies.
In both cases, the vehicle with be staying with a stranger for a while.
A GPS tracking device, in this case, is not necessarily meant to keep track of the renter's whereabouts for the whole rental period.
Instead, if there's an incident such as a refusal to return the vehicle, law enforcement officials can use the data from the tracking device to recover the stolen property.
Keeping Track of Your Fleet to Manage Fuel Consumption
This is another GPS tracking device use case for companies instead of private citizens.
Regardless of the nature of the business, it's quite common for a company to have a fleet of vehicles.
Using a GPS device to monitor the said fleet isn't always about keeping watch over the employees driving them.
Sometimes, it's about the vehicles themselves, since the trackers provide other useful information, such as mileage and fuel consumption.
A GPS tracking device can be used to gather such information and optimize operations in these areas.
The Line of Work of a Licensed Private Investigator
Private investigators also come into the conversation here.
After all, the job they do often requires them to keep tabs on those being investigated without tipping them off.
Not many tools are better at offering long-distance electronic surveillance than a GPS tracker.
One could even argue that there shouldn't be any limits imposed by GPS laws on private investigators, considering the kind of job they do.
Situations Where a Vehicle Affixed with GPS Tracking Technology May Be Loan Collateral
Sometimes, the owner of a vehicle is a bank or another financial institution.
The person who appears to be the owner is paying off a loan on a journey to truly receive ownership.
In this kind of scenario, the bank may wish to employ a GPS tracking device to ensure that the borrower can be located if there should be any defaulting on the loan.
GPS tracking here would be quite valuable since it makes repossession all but guaranteed where necessary.
Court Cases Surrounding Electronic Tracking Device Law
As you may know, many of the laws that exist now, such as family law, gun laws, and more didn't exist from the inception of legal statutes.
Instead, different happenings and their resulting cases often set a precedent, which then establishes how similar matters are handled going forward.
While not all these cases may establish new ways of doing things, they are still valuable in giving people an idea of how certain situations may be handled.
Here's a look at a few such cases where GPS electronic tracking device matters went before the court.
Elgin v. Coca-Cola Bottling (2005)
The case here saw an employee bring the claim as the tracking beyond work hours was being done on an assigned automobile (company owned).
A claim rejection was the result. The court took that stance considering Coca-Cola Bottling owned the vehicle.
Tubbs v. Wynn Transport (2007)
Again, this case saw an employee being displeased about tracking being in place on the vehicle he was assigned.
The difference here that contributed to the frustration was the fact that he was unaware that there was any tracking happening.
Even with that consideration, the outcome here was not much different.
Considering where the ownership lay, the court ruled that the company, as the owner, had the freedom to implement that kind of tracking.
United States v. Jones (2011)
This case is a little different from the other two and involves law enforcement.
Here, a GPS tracking device was installed on the vehicle of a suspected drug trafficker by law enforcement officials.
With the GPS tracker in play, there was enough evidence obtained to suggest that Jones was indeed to be convicted.
However, the court ruled against the police, as the act of installing the GPS tracking device was deemed a fourth amendment right violation.
At the time of writing, Jones no longer serves his prison sentence.
Cunningham v. New York Department of Labor (2013)
While this one happened much later, it bears resemblance to the two first cases highlighted.
The employee had a company-assigned vehicle with tracking installed and no prior knowledge.
Note, however, that disciplinary action had previously been taken against this employee as the company discovered that his time reporting was falsified.
In coming to its verdict, the court considered the evidence obtained from the electronic tracking device affixed to the vehicle.
Based on the information received, the decision was taken to rule against the employee.
This happened because the evidence from the GPS tracking device indicated that work time falsification occurred.
United States v. Katzin (2013)
Law enforcement placed a GPS tracker on a robbery suspect here. In fact, the man was suspected to be involved in a whole chain of robberies.
The conclusion saw the dropping of the Katzin brothers' charges, a decision which the court took as it felt the police's actions constituted a fourth amendment violation.
Missouri Laws Governing GPS Tracking Conducted by the Government
Typically, a combination of federal law and state laws come together to determine how legal matters are handled.
The same holds even in a matter such as this where electronic devices could theoretically ensure the physical safety of a citizen.
Based on a Supreme Court ruling, law enforcement officials cannot implement a GPS tracking device, even for the sake of investigation, without a warrant.
This ruling is in line with the outcomes in the case below where the action of a police officer to use a GPS device resulted in an unfavorable ruling.
Realistically, while the constitution may explicitly address matters such as illegal search and seizure, it does not speak to GPS tracking laws, which explains the necessity of the court rulings.
Missouri Laws Governing GPS Tracking Devices for a Private Citizen
The bigger concern for those reading this is how the state of Missouri handles proceedings in the absence of clear-cut GPS tracking laws for private citizens.
Much of these private property concerns are based on who the registered owner of the property is.
GPS tracker disputes tend to be handled on a case-by-case basis, but here's a look at some of the generally accepted and unaccepted uses of a GPS tracking device.
Generally Legal GPS Device Use
In Missouri, the following scenarios usually indicated that using a GPS tracking device is acceptable, even in the absence of consent:
The party implementing the GPS tracking device is the owner of the vehicle
While the party implementing the GPS tracking device doesn't own the vehicle, the GPS tracker is placed on its outside. Under the rear bumper is an example of such a placement
The vehicle is not located on anyone else's property
There's public visibility of the vehicle based on its location. For example, it may be on a public street or in a public parking lot
Any information being obtained by a tracking device could also be collected by trailing the vehicle.
Generally Illegal GPS Tracking Device Use
On the other side of the fence, there are the typically illegal uses of a tracking device, which include the following:
The tracker needs to be physically hard-wired into the vehicle
Any installation of a GPS tracker that requires the breaking of a car
The vehicle is located somewhere that comes with an expectation of privacy, such as in a private garage.
Electronic Monitoring Law 455.095
This is a Missouri law portion that speaks to electronic surveillance where there are scenarios involving self-harm, a history of domestic violence, mental illness, drug abuse, criminal acts, and more.
In these cases, there may be a court order that mandates the use of a GPS device.
Persons not deemed legally indigent by a court are required to cover whatever costs may come with the personal GPS tracking technology.
Those found to be indigent by the court can be placed on victim notification-based electronic surveillance.
If the department of corrections is to be notified, that responsibility is taken care of by the clerk of the court.
At this point, the department would decide on the procedure to be used to finalize the cost allocation based on the person's income.
Some of the factors that go into this decision are the number of dependents, existing commitments, level of income, etc.
Note that if any alert should go off, it constitutes probable cause for arrest due to violation of an ex parte.
Additionally, if the need should arise, parties such as the circuit courts, Missouri state highway patrol, etc., can share information obtained from the tracking device.
The Bottom Line
State and federal law are essential in forming the foundation of the local laws you must abide by.
The same principle applies to the use of GPS tracking devices, however, situations surrounding them are not clear-cut in some cases.
This is a good time to say that you cannot necessarily use the information here to tell how a situation will turn out before it happens.
Therefore, the best advice is to proceed with caution and use the principle of ownership as a guide.
If you want to track a vehicle owned by someone else with an internal device, that's generally illegal in Missouri, as is going onto private property to install a tracker.
However, if you or your company own the vehicle, tracking it should not be a problem.
Nevertheless, these matters are still handled on a case-by-case basis, so there's no way always to be certain of the outcome.
If you do find yourself on the wrong end of a GPS tracking device matter, your best bet is to lean on your attorney-client relationship by sharing all necessary details.
After all, your lawyer has your best interests at heart, and will always act as such. That's why it's important to seek the legal services of a trusted car accident law firm in St Louis. Having a reliable attorney by your side will allow you to understand all matters car-related, such as why car meets are illegal or if having a mattress on a car roof is illegal.
Frequently Asked Questions
With all the talk of local laws, what is generally legal, and where strict limits may lie for a GPS device, many questions come up with things being so subject to interpretation.
Here is a quick look at three of the most common questions, and the best possible answers that can be provided at this time.
Can I Use a GPS Tracker to Keep Track of My Spouse's Vehicle?
Generally, if the conversation is about another person's vehicle, the best advice is not to install a tracker.
Note that the principle of ownership is what is being referenced here. For example, imagine you bought your spouse a vehicle that is registered in your name.
The law sees that as your vehicle, which means you can install a GPS tracker if you wish.
Similarly, the person who operates a company-owned vehicle is not the owner. Since it belongs to the firm, business decision-makers can choose to install a tracker.
While there are exceptions, such as installing the device on the car's extremities while it's in a public space, this is a gray area that should probably be avoided.
Are Law Enforcement Officials Free to Put Electronic Surveillance on My Vehicle?
Based on a Supreme Court ruling, the police and other government agents cannot freely choose to legally track you.
However, a court order can be made to mandate personal tracking under Missouri Electronic Monitoring Law 455.095.
Additionally, with a warrant, the police, for example, are free to install GPS tracking devices.
If I Use an Electronic Monitoring System to Track My Child, Can I Face Repercussions under Family Law?
Assuming the child is a minor, the vehicle is likely in the parent's name. This makes the parent the owner, which would constitute a situation in which tracking the child is legal.
If the "child" happens to be a legal adult who legally owns the vehicle, then the parent would not be able to freely install the device.