GPS tracking technology has numerous beneficial applications. However, the situation takes a troubling turn when an individual is unknowingly monitored through a device placed on their vehicle—this includes instances involving law enforcement. Authorities are increasingly employing GPS trackers to follow individuals tied to various investigations. In some extreme cases, they can even deploy such devices onto moving vehicles during high-speed pursuits, as reported here. If concerns arise about police surveillance via GPS on your vehicle, understanding your rights and the legal framework is essential.

Legal Implications of GPS Tracking

Legally, law enforcement officials are permitted to attach a GPS tracking device to your vehicle without your consent, provided they have obtained a warrant. This guideline was established by the Supreme Court in the case of United States v. Jones in 2012, which deemed that the absence of a warrant violates the Fourth Amendment’s protections against unwarranted searches.

However, attorney Andrew Flusche emphasizes that securing such warrants is often surprisingly straightforward for law enforcement, even allowing non-judges, such as magistrates in certain states, to authorize them. Consequently, authorities may legally monitor your vehicle with GPS technology, regardless of whether any wrongdoing has occurred on your part, as long as the necessary documentation is filed.

It’s not only police who can access these devices. The ease of purchasing and installing GPS trackers means that anyone can potentially monitor your movements. Therefore, if you suspect a tracker is attached to your vehicle, it’s crucial to proceed with caution.

Identifying a GPS Tracker on Your Vehicle

First, one must consider how to discern whether they are being tracked. Police agencies typically opt for magnetic GPS trackers that can be affixed to the car’s exterior, rather than common consumer products like Tile or AirTags. A thorough exterior inspection may help reveal such devices. Potential locations to investigate include:

• Side mirrors
• The undercarriage of the car, especially around exhaust systems
• Wheel wells
• Bumpers

If nothing is found on the exterior, the next step is to inspect the vehicle’s interior. While finding a tracker inside is less common, it can happen. Check the following locations:

• Under seats and cushions
• Under floor mats
• Inside the glove compartment
• On or beneath the dashboard
• Within the OBD2 data port, typically situated beneath the steering wheel
• Inside the trunk

Be alert for unfamiliar items that can be easily detached. Most trackers are compact and encased in a black shell. Consider investing in GPS detection devices or ” bug sweepers,” which can scan for frequencies used by trackers and alert you if any devices are present.

What to Do If You Locate a GPS Tracker

Should you find a GPS tracker on your vehicle, the initial reaction might be to remove it. If the tracker is not installed by law enforcement, removal is entirely within your rights. However, if it is indeed a law enforcement device with an appropriate warrant, removing it may lead to complications. While there are instances where the authorities have simply asked for their device back upon discovery, there have been many cases where such removal has prompted police to obtain additional warrants for further actions.

For instance, in a 2018 incident in Indiana, an individual discovered and removed a GPS tracker, which ultimately led police to acquire a warrant to search his home—where illegal substances were subsequently found. Although the Indiana Supreme Court later ruled that removing the tracker did not equate to theft and suppressed the evidence from the search, this event underlines how removing a GPS device can instigate unforeseen consequences if it were placed by law enforcement.

As it can be challenging to determine who attached the tracker, the safest course of action is often not to tamper with it and instead consult a legal professional. An attorney can clarify whether an investigation is underway against you and guide you on state-specific regulations related to GPS tracking—which can differ significantly. During this time, if an alternative vehicle is available, using it may be prudent.