Skip to main content

Lawful Use of GPS Trackers

Home/Resources/GPS Trackers/Lawful Use of GPS Trackers

Affiliate Disclosure: Some links on this page are affiliate links. As an Amazon Associate, we earn from qualifying purchases — at no extra cost to you. We do not buy, install, or physically handle the cameras we cover; our rankings come from aggregated owner reviews, ratings and expert consensus. Commissions never change our verdicts. We're reader-supported: commissions fund hosting, research and updates, so if a guide helped, buying through our links keeps it going. How we rank · full disclosure.

This page is general information, not legal advice. GPS tracking laws vary by state and continue to evolve. Consult a licensed attorney in your state for guidance specific to your circumstances before tracking any vehicle, asset or person.

Short version: lawful GPS tracking covers your own vehicle or assets, a minor child you’re legally responsible for, an adult who has given informed consent, or a company fleet vehicle you own. Covertly tracking another adult’s vehicle or belongings without their knowledge and consent is illegal in most US states under anti-stalking and electronic surveillance statutes, regardless of your relationship to them. This site does not provide, and will never provide, instructions for tracking someone without legal right to do so.

In Plain English

This page explains when using a GPS tracker is legal. The short answer: it comes down to who owns the thing being tracked, and whether the person agreed.

Tracking your own car or equipment is fine. So is tracking a child under 18 you are responsible for, a vehicle your business owns, or an adult who has clearly agreed. Hiding a tracker on someone else’s car, or following another adult without their knowledge, is illegal in most states. That includes an ex, a spouse during a separation, or a coworker.

Think of it like a house key. Having a key to your own home is normal. Copying a key to someone else’s home is not, even though the key looks exactly the same. The same goes for location apps installed on someone’s phone in secret. If you think someone is tracking you, write down what you find and contact the police. This is general information, not legal advice.

Your Own Vehicle or Assets

Tracking a vehicle, trailer, boat, or piece of equipment that you own outright is the clearest and least legally complicated use case — theft recovery, monitoring a vehicle lent to a friend, or simply knowing where a valuable asset is. This is the most common and most straightforward lawful use of a GPS tracker.

Minor Children

Tracking a minor child you are the legal parent or guardian of — whether via a device in their car, backpack, or on their person — is a widely accepted and generally lawful form of parental monitoring in the US. This changes at the age of legal majority (18 in most states): tracking an adult child without their knowledge and consent falls under the same restrictions as tracking any other adult, regardless of the parent-child relationship.

Consented Adults

Tracking an adult — a partner, a family member, an employee using a personal vehicle for work — is lawful specifically when that person has given informed consent, ideally in a form you can document. Consent given for one purpose (family location-sharing apps, for example) does not automatically extend to covert tracking via a separate hidden device; the consent needs to be genuine and reasonably informed about what’s actually being tracked.

Company Fleet Vehicles

Businesses tracking vehicles they own is one of the most well-established and clearly lawful uses of GPS tracking — for route optimization, theft recovery, and driver safety. Some states and some union agreements require notifying employees that company vehicles are tracked, so check your state’s specific employee-monitoring notification requirements before implementing fleet tracking.

Covertly placing a tracker on a vehicle you don’t own, or tracking an adult without their knowledge and consent, is illegal in most US states — this includes tracking an ex-partner, a spouse during separation or divorce, a coworker, or any adult outside the ownership and consent situations described above. Many states have laws specifically naming GPS or electronic tracking devices, either within their anti-stalking statutes or as standalone offenses (California Penal Code 637.7 is one example), meaning this isn’t just a general privacy concern but a specifically criminalized act in many jurisdictions. This site does not describe how to covertly track a person without legal right to do so, and will not.

Employees and Contractors

Tracking a vehicle you own — a company car, van or truck assigned to an employee for work duties — is generally the lawful, well-established use case discussed under company fleets above. It gets legally murkier the moment the vehicle belongs to the employee or contractor rather than the business, since ownership is the deciding factor, not who's driving. A written policy disclosed to staff before any tracking begins is the standard, defensible practice among businesses that track company-owned vehicles, and some states specifically require that kind of notice. Tracking a contractor's own personal vehicle without their knowledge sits outside the clearly lawful category described earlier in this guide, regardless of whether they're currently working for you.

Separation, Divorce and Custody: Talk to an Attorney First

Tracking during a separation or divorce is one of the most legally sensitive scenarios covered on this page, and it is also one of the most common reasons people search for guidance like this. A vehicle titled jointly, or solely to a spouse who is not the one placing the tracker, does not automatically fall into the "your own vehicle" category described above just because the couple is still legally married. Placing a tracker on a spouse's vehicle without their knowledge during a separation carries real legal risk in many states, and — separately from any criminal exposure — evidence gathered through unlawful tracking can also be inadmissible or damaging in a family court proceeding. Anyone in this situation should talk to a family law attorney in their state before placing a tracker, not after.

Phone Location-Sharing Apps vs Dedicated Trackers

The same ownership-and-consent framework covered throughout this guide applies whether the tracking method is a dedicated hardware GPS tracker hidden in a vehicle or a location-sharing app installed on someone's phone without their knowledge. A family location-sharing app that every household member knowingly opted into is a fundamentally different situation, legally and ethically, from the same app installed covertly on a partner's or ex-partner's phone. The technology is not the legal test — ownership of the device or vehicle, and genuine informed consent from the person being tracked, are what matter under most state statutes.

If You’re Concerned You’re Being Tracked (General Information, Not Legal Advice)

If you suspect an unauthorized tracker has been placed on your vehicle or among your belongings, document what you find and consider contacting law enforcement, particularly if you have safety concerns. This is a matter for law enforcement and, where appropriate, an attorney — not a DIY countermeasure situation. For Bluetooth item trackers such as an AirTag, Apple notes that iPhones and Android phones (Android 6.0 and later) can alert you when an unknown tracker separated from its owner is moving with you, and that law enforcement can request information from Apple about the item. A number of standalone RF/Bluetooth tracker-detector devices also exist on the market for people who want to periodically sweep a vehicle themselves; treat any positive finding as a starting point for reporting the device, not as the end of the process.

Documenting Lawful Tracking Use

Even in the clearly lawful situations described above — a company fleet, a consenting adult, an owned personal vehicle — keeping simple documentation is good practice, not just a legal safety net. A dated written notice to employees, a signed consent form for an adult being tracked, or even a text message confirming someone agreed to being tracked, can matter later if a tracking decision is ever questioned. This is a low-cost habit that protects both the person placing the tracker and the person being tracked, and it is worth building into any ongoing tracking arrangement from the start rather than after a dispute arises.

Going Deeper: How the Law Draws the Line on Tracking

At the federal level, the key statute targets conduct and intent rather than any particular device. 18 U.S.C. § 2261A(2) makes it a crime to use the mail, an interactive computer service, or an electronic communication service or system of interstate commerce with intent to kill, injure, harass or intimidate another person, or to place them under surveillance with that intent, where that course of conduct places the person in reasonable fear of death or serious bodily injury, or causes, attempts to cause or would reasonably be expected to cause substantial emotional distress.

Many states go further and name tracking devices directly. California Penal Code § 637.7 states that “no person or entity in this state shall use an electronic tracking device to determine the location or movement of a person,” defines an electronic tracking device as one attached to a vehicle or other movable thing that reveals its location by transmitting electronic signals, and treats a violation as a misdemeanor. Its main exception is the one this page is built around: the section does not apply when the registered owner, lessor or lessee of a vehicle has consented to the device on that vehicle.

Courts treat attaching a tracker to someone else’s vehicle as a serious intrusion even when the government does it. In United States v. Jones, decided January 23, 2012, the Supreme Court held that “the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’” under the Fourth Amendment. That case governs law enforcement rather than private individuals, but it shows how the law views a device placed on property that is not yours.

Phone-based tracking follows the same logic. The FTC describes stalkerware as software someone installs on your phone or other device without your knowledge, and warns that removing it could escalate an abuser’s behavior. It recommends contacting the National Domestic Violence Hotline (1-800-799-7233) and making a safety plan first, which is why this page points people who suspect tracking toward documentation and law enforcement rather than do-it-yourself countermeasures.

Ready to Choose a Tracker?

With the legal framework understood, see a ranked list of GPS trackers for ranked picks suited to lawful vehicle, asset and family tracking.

Sources & References

  1. California Penal Code 637.7 (electronic tracking devices) — California Legislative Information
  2. 18 U.S. Code § 2261A - Stalking — Cornell Law School Legal Information Institute
  3. What to do if you get an alert that an AirTag, Find My network accessory, or set of AirPods is with you — Apple Support
  4. Stalkerware: What To Know — Federal Trade Commission
  5. United States v. Jones, 565 U.S. 400 (2012) — Legal Information Institute (Cornell Law School)
Straight Answers

Frequently Asked

What makes GPS tracking legal versus illegal?

The core legal question is ownership and consent, not the device or the technology itself. Tracking a vehicle or asset you own, a minor child you’re legally responsible for, or an adult who has given informed consent is generally lawful. Tracking a vehicle or person without ownership rights or consent — most commonly an ex-partner, a spouse during separation, or any adult without their knowledge — is illegal in most US states under anti-stalking, electronic surveillance or unauthorized tracking statutes, some of which specifically name GPS devices. This is general information, not legal advice — laws vary by state.

Are there federal or state laws specifically about GPS tracking?

Many US states have enacted laws specifically addressing GPS tracking devices, often as part of broader anti-stalking or electronic surveillance statutes, and some explicitly criminalize placing a tracking device on a vehicle or person without consent — California Penal Code 637.7, for example, bars using an electronic tracking device to determine a person’s location or movement unless the vehicle’s registered owner, lessor or lessee consents. Federal law also addresses unauthorized tracking in some contexts: the federal stalking statute (18 U.S.C. 2261A) covers using an electronic communication service or system to place someone under surveillance with intent to harass, intimidate or harm them. Because this varies significantly by state and continues to evolve, check your specific state’s current statute or consult an attorney rather than assuming a blanket national rule.

Can I track a rental car I’m renting to someone else?

If you own the vehicle and disclose to the renter that it includes tracking (increasingly standard practice for rental and rideshare fleets), this is generally lawful and is disclosed in many rental agreements. Undisclosed covert tracking of a rental vehicle is a legally riskier position — check your specific state’s requirements and consider disclosure as standard practice regardless of the legal minimum.

What should I do if I find a GPS tracker on my own vehicle that I didn’t place?

Document it (photos, location on the vehicle) before removing it if you’re safely able to, and consider contacting law enforcement, particularly if you have safety concerns about who might have placed it — unauthorized tracking is a crime in most states, and law enforcement can advise on next steps including whether to preserve the device as evidence.

Can I track my spouse's car if we're still legally married but separated?

This is one of the legally murkiest situations, and state law varies considerably. Some states treat a jointly-titled vehicle differently from a vehicle titled solely to one spouse, and separation itself can change the analysis in ways a general guide cannot predict. This is a situation where consulting a family law attorney in your state before placing any tracker is genuinely the responsible next step, not an optional extra — the consequences of guessing wrong can include criminal charges and can also affect a pending custody or divorce case.

Is it legal to track an employee's personal vehicle used for work?

Tracking a vehicle you own — including a company car assigned to an employee — is generally lawful, subject to your state's notification requirements. Tracking an employee's own personal vehicle, even one used occasionally for work errands, is a different and legally riskier question, since you don't own the vehicle and the employee hasn't necessarily consented to being tracked outside work hours. Employer-provided vehicles with clear written policy and disclosure are the safer, more defensible model.

Can I track my teenage child's car without telling them?

Tracking a minor child you are the legal parent or guardian of is generally lawful whether or not the child is told, since the legal basis is the parent-child relationship rather than the child's consent. Many parents choose to disclose it anyway as a trust and communication decision rather than a legal requirement. This changes at the age of legal majority, when the same consent rules that apply to any other adult begin to apply to a formerly-minor child.

Does it matter if the GPS tracker is a dedicated device versus a phone-sharing app?

The underlying legal principle — ownership and consent — applies the same way regardless of the technology. A covert dedicated GPS tracker hidden in a vehicle and a covert location-sharing app secretly installed on someone's phone raise the same legal exposure under most states' stalking and unauthorized-surveillance statutes; the method doesn't change the legal question of whether the person being tracked owns the device or consented.

Can a private investigator legally place a GPS tracker for a client?

Licensed private investigators are still bound by the same state tracking laws as anyone else in most jurisdictions — a PI license does not create a blanket exemption to place a tracker on a vehicle the client doesn't own or on a person who hasn't consented. Reputable investigators generally decline requests that would require unlawful tracking and can advise what is and isn't permissible in your state.

What penalties can apply to illegal GPS tracking?

Penalties vary significantly by state and by the specific statute charged, ranging from misdemeanor charges to felony charges in cases involving a documented pattern of stalking or a protective order violation. Some states also allow the tracked person to pursue a civil claim separately from any criminal case. Because the range is wide and state-specific, this general guide cannot state a specific penalty — check your state's statute or consult an attorney for what applies in your situation.

Are dash cam GPS logs treated the same as a dedicated GPS tracker under the law?

Generally no — a dash cam's built-in GPS logging records the location of the vehicle it's installed in as a byproduct of the device you own and use, which is a different legal posture from covertly placing a separate tracking device on a vehicle or person without their knowledge. See our dash cam FAQs for more on what dash cam data typically captures.