Is GPS Tracking Legal in the U.S.? Here’s the Truth, State by State

Can you legally track someone’s car, phone, or movements? In today’s world of hidden GPS trackers and mobile surveillance, It might seem like a tech question, but it’s really a legal one, and it affects you.

Consider these real-life scenarios:

• A parent tracks their teenager’s car to make sure they get home safe
• An employer monitors delivery drivers during work hours
• A spouse secretly hides a GPS tracker in their partner’s vehicle

One of these is clearly legal. One walks a fine legal line. One could land you in court.

Whether you’re protecting your child, managing a fleet, or worried about surveillance. GPS tracking laws affect you. 

This guide explains when GPS tracking is legal, when it becomes a crime,how to stay compliant under U.S. law, and how laws differ by state.

What Is GPS Tracking?

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GPS tracking means using a device or app to monitor the location of a person, car, or object, either in real time or over a period of time.

Most GPS trackers use satellites, cellular networks, and apps to send location data you can view on your phone or computer.

There are two main types:

• Real-time tracking: Shows live location updates (like watching a moving dot on a map).
• Passive tracking: Records location data that can be reviewed later.

Setting up a tracker? Check our step-by-step Hardwired GPS installation guide(safely and legally) →

Is GPS Tracking Legal in the USA?

GPS tracking is legal in many situations, but only if it follows U.S. federal law and respects personal privacy. Let’s explore the legal framework that governs how gps monitoring works in the United States.

The Three Key Factors

1. Ownership: Do you own the car, phone, or asset being tracked?
2. Consent: Does the person know and agree to being tracked?
3. Privacy Laws: Are you following both federal and state-specific rules?

Reminder: GPS tracking is legal when you own the asset or have clear approval. Courts care about consent, not intentions.

Key Federal Laws That Affect GPS Uses

Several federal laws and Supreme Court rulings define how GPS tracking is regulated in the United States especially when it comes to authorisation, privacy, and law enforcement use.

Here are the major federal laws and court rulings that define what’s legal when it comes to GPS tracking:

1. United States v. Jones (2012)
2. Carpenter v. United States (2018)
3. Electronic Communications Privacy Act (ECPA)
4. The Fourth Amendment

1. United States v. Jones (2012): Warrant Required

In this landmark case, the U.S. Supreme Court ruled that police must get a warrant before placing a GPS tracker on someone’s car.

Why it matters: The court ruled this act as a search under the Fourth Amendment. (Source: Read the full ruling on SCOTUSblog)

2. Carpenter v. United States (2018): Location Data Is Private

In 2018, the U.S. Supreme Court ruled that police must get a warrant before they can access someone’s historical cell phone location data.

Why it matters: Even location data held by a phone company is considered private. (Full case summary on Cornell Law)

3. Electronic Communications Privacy Act (ECPA)

The Electronic Communications Privacy Act (ECPA), passed in 1986, protects digital data, including GPS signals, phone records, texts, and emails.

Why it matters: Sets clear limits for both government and private monitoring. (ECPA overview from the U.S. Department of Justice)

4. The Fourth Amendment

The U.S. Constitution protects people against unreasonable searches and seizures. This means you have a right to privacy, including where you go and how you move.

Why it matters: This is the core legal shield protecting location privacy in the U.S.( Read the Fourth Amendment on the National Constitution Center)

Summary: What These Laws Mean for GPS Tracking

Together, these federal rulings make one thing clear: 

• Monitoring someone’s location without permission is often treated as an illegal search and even by law enforcement.
• If you’re not the owner or don’t have clear permission, you could be violating federal law.
• Always check both federal and state rules before using a GPS tracker.

When Is GPS Tracking Legal in the U.S.?

GPS use is legal in some situations and illegal in others. The key factors are:

• Who owns the asset
• Whether you have approvals
• Where the monitoring takes place

Here’s a breakdown of the most common scenarios:

1. Rules for Monitoring Devices You Own

If you own the car, phone, or device, you can legally track it. This includes:

• Your personal vehicle
• A family car you legally own or lease
• Your work laptop or gear

Ownership gives you the right to monitor your property. You don’t need permission to track something that belongs to you.

2. Tracking Your Child (Minor)

If you're a parent or legal guardian, you can legally track your minor child.

You can place a GPS tracker on:

• Their car
• Phone or smartwatch
• Backpack or personal items

Most states support a parent’s right to protect their child and especially for safety.

Not sure which GPS tracker is right for your child? Check our expert guide on child GPS safety tools.

3. Legal Boundaries for Family, Partner, or Roommate

This scenario depends on possession and agreements. (See legal reminder above). 

You may be allowed to track:

• A shared car that’s in your name
• A family phone plan if you legally control the account

But you can’t legally:

• Secretly track their personal phone
• Attach a tracker to their vehicle without permission

5. Location Laws: Public Monitoring vs Private SurvSurveillance

Public tracking (like security cameras or license plate readers) is generally legal when done in public areas and by authorized groups.

Private location monitoring (by individuals or businesses) has more rules., especially when done secretly or without permission.

In private places, like homes, offices, or personal vehicles, you need legal control and permission

Quick Legal CheckList

To stay legal, ask:

1. Do you own the asset?
2. Do you have permission?
3. Are you following federal and state laws?”

If the answer is “no” to any of those, you may be breaking the law.

Consent Laws for GPS Tracking: Personal, Workplace & Secret Use

Consent plays a big role in whether GPS use is legal or illegal. Even if you have the right tools, surveillance without permission can break laws, especially when the person being tracked doesn’t know about it.

Let’s look at how agreements works in different situations:

1. Personal Use: Consent Not Always Required

If you own the car, phone, or device, you can usually track it without asking anyone.
This includes:

• Your own vehicle
• Your child’s phone
• A tracker on your personal bag or gear

But placing a GPS tracker on someone else’s property, even with good purpose, may require approval, depending on your state’s laws(As discussed above in reminder).

2. Employee Location Monitoring: Consent Rules Vary by State

Employers can legally track:

• Company-owned vehicles
• Work-issued phones, tablets, or GPS devices
• Field staff using company GPS tools

But in most states to stay compliant, employers must:

• Give clear written notice
• Explain what is being tracked and when
• Get a signed agreement from employees

Employers must follow strict rules on asset holding and written notice. (See the Legal Tracking Reminder.)

Tip: Add GPS tracking details to your company handbook or onboarding form.

3. Unauthorized GPS Use and Legal Consequences: Often Illegal

Placing a GPS tracker without someone knowing. Even if the tracked individual is your co-parent, friend, or household member, a spouse, partner, or roommate, it is usually illegal.

Secret tracking can break laws such as:

• Stalking or Harassment
• Invasion of privacy
• Cyberstalking (in some states)

Consent vs Knowledge vs Notification

These 3 terms sound similar but mean different things legally. Here's a quick breakdown:

GPS Tracking Laws by State (2025)

GPS tracking laws vary across the U.S. and they can change depending on the relationship, the purpose, and whether the tracking is done openly or secretly.

Each state has different laws. Here's a quick comparison table to check what's legal in yours.

Table: GPS Tracking Laws by State (2025)

Are you tracking in Canada? Learn how GPS tracking laws work in Canada →

Can Employers Track Employees?

Yes, employers in the U.S. can track employees in many situations. But they must follow strict rules about legal control, consent, and disclosure. Let’s break it down.

1. Business-Owned Vehicles vs BYOD (Bring Your Own Device)

Business-Owned Vehicles or Devices

• Employers are usually allowed to install GPS trackers on company vehicles or work-issued phones/tablets
• This is legal in most states, especially when it’s done for safety, route management, or efficiency

Personal Devices or BYOD

• Tracking an employee’s personal car or phone is far more restricted
• In most states, doing this without written consent may be considered a privacy violation

Key Rule: The employer must own the asset or have clear permission to track it

What Employers Must Disclose (Checklist)

Most states require employers to clearly tell employees they are being tracked. Here’s what you should disclose:

Must-Have GPS Tracking Policy Template for Employers
Make sure your policy includes:

• What’s being tracked? (vehicle, phone, tablet, etc.)
• Why tracking is being used? (e.g., safety, time logging, theft prevention)?
• When tracking occurs? (e.g., work hours only)
• Who can access the tracking data?
• How long the data will be stored?
• Employee acknowledgment or signed consent form?

Best Practice: Include this policy in your employee handbook or onboarding packet.

Risks of Tracking Without Consent

I've worked with multiple companies who faced legal threats just for tracking employees without a written policy. Even if the devices are company-owned, transparency is critical.

If an employer tracks a worker without their knowledge, they could face:

• Civil lawsuits (for privacy violations)
• Fines from state or federal agencies
• Damaged employee trust and reputation loss
• Criminal charges in some states (especially if harassment or stalking is claimed)

If you're not sure your policy is legal, consult a lawyer or HR compliance expert.

Managing multiple vehicles? Learn how GPS tracking improves fleet safety, efficiency, and compliance →

Is It Legal to Track Someone Without Their Knowledge?

In most cases,no. It is not legal to track someone without their knowledge. This kind of GPS tracking is called covert or non-consensual tracking, and it can lead to serious legal trouble.

What Is Covert or Non-Consensual Tracking?

• Covert tracking means placing a GPS tracker on someone’s car, phone, or belongings without their knowledge.
• Non-consensual tracking means doing so without getting clear permission.
• Even if the person being tracked is a family member, roommate, or partner, this type of surveillance is often considered illegal under U.S. law.

Laws That Make Secret Tracking Illegal

Covert GPS tracking can violate:

• Stalking laws
• Harassment statutes
• Invasion of privacy laws
• Cyberstalking or wiretapping laws (in some states)

I've reviewed dozens of state laws over the years, and nearly all treat covert GPS tracking as a serious privacy violation, especially when done without consent or disclosure.

Many states now treat unauthorized GPS tracking as a misdemeanor or felony, especially if it causes fear, distress, or a sense of being followed.

What Laws Make Secret GPS Tracking Illegal?

Unauthorized tracking can break multiple laws:

• Stalking and harassment statutes
• Invasion of privacy laws
• Cyberstalking or wiretapping laws (in some states)
• State surveillance and consent laws

Even if the tracker device was placed with “good intentions,” motive doesn’t matter if the law is broken.

Worried there might be a GPS tracker hidden on your car? Here are 11 common spots GPS devices are secretly installed →

What Happens If You Break GPS Tracking Laws?

Using a GPS tracker illegally isn’t just a privacy issue. It can lead to real legal consequences.

Depending on what you did, where you did it, and who was tracked, you could face criminal charges, civil lawsuits, or both.

Let’s break down what can happen if you cross the legal line.

1. Misdemeanor vs. Felony Charges

Illegally placing or using a GPS tracker can be charged as:

• A misdemeanor (for first-time or lower-risk cases)
• A felony (in more serious cases, especially when stalking or repeat offenses are involved)

Penalties may include:

• Jail time (from 30 days to several years)
• Fines (ranging from $500 to $10,000+)
• Criminal record that may affect your job, custody, or immigration status

2. Civil Lawsuits: Emotional Harm, Privacy Violations

Even if you’re not arrested, you could still be sued in civil court. Common civil claims include:

• Invasion of privacy
• Emotional distress
• Wrongful termination (in workplace-related tracking cases)
• Loss of trust in family or custody disputes

You may be ordered to:

• Pay money for damages
• Remove the tracking device
• Stop all future surveillance

3. Restraining Orders or Tech Removal Orders

If the tracking causes someone to feel unsafe, the court can issue:

• A restraining order that legally bars you from contacting or tracking them again
• A court-mandated tech removal (if tracking tools are still active)

Some states may also require surrendering:

• Trackers
• Surveillance apps
• Any monitoring devices

Real Case: Commonwealth v. Almonor (Massachusetts, 2019)

In this case, police “pinged” a suspect’s cell phone without a warrant to track them inside a private home.

The Massachusetts Supreme Judicial Court ruled this was an illegal search, reinforcing that digital GPS data is protected by constitutional privacy rights. (Source: Commonwealth v. Almonor – Massachusetts Court Summary)

Summary: What to Know Before You Track

GPS tracking can protect your family, your business, or your assets. It is legal in the U.S., but only when it’s used the right way. 

But used the wrong way, it could cost you your freedom, reputation, or relationships. Before you install a tracker or start monitoring someone’s location, pause and ask:

Legal GPS Checklist

• Do I own the car, phone, or device I’m tracking?
• Do I have the person’s clear consent: written, verbal, or policy-based?
• Does my state allow tracking in this situation?
• Is it happening in public or with full disclosure?

If the answer to any of these is no, don’t track. You could face legal penalties, lawsuits, or worse.

"Not sure what's legal in your state? Always check your local laws or speak with a qualified attorney."

Want to track legally and discreetly? Know your rights first. When done responsibly, GPS tracking can help protect your family, your business, and your peace of mind.

Legal tracking starts here.Shop GPS trackers you can trust.→

Disclosure:

Written by Ryan Horban, a GPS tracking expert with over 15 years of hands-on experience in vehicle surveillance, personal safety, and fleet tracking technology.

Over the years, Ryan has helped parents keep tabs on teen drivers, guided business owners in managing their fleets, and advised organizations on staying compliant with privacy laws.

He knows the ins and outs—both legal and technical—of GPS devices, and his advice has helped thousands use tracking tools safely, responsibly, and within the law. 

Connect with Ryan on LinkedIn → 

FAQs - About GPS Tracking Laws

1. Can I Legally Track a Car That I Don’t Own?

Short answer, no.

If it’s not yours, hands off unless you’ve got written permission from the actual owner. Why? Because secretly tracking someone’s ride can land you in serious trouble.

We’re talking privacy violations. Stalking laws. Even criminal charges in some states.

If you’re unsure, get legal advice before you stick any tracker on a vehicle.

2. Is It Legal To Put a GPS Tracker On My Teenager’s Car?

Yes—if you’re the parent or legal guardian and the vehicle is registered to you, you can electronically track your teen’s car for safety or business purpose. This is a legitimate purpose and isn’t illegal to track because you have owners consent by default.

Here’s how to make it work for both you and your teen:

• Use the mobile tracking device to monitor personal location or check route optimization.
• Be open about your tracking practices—let them know it’s for safety reasons.

This keeps the conversation clear, responsible, and focused on safety.

3. Do employers need consent to track company vehicles?

In most states, yes. Employers can track company-owned vehicles, but they’re usually required to inform employees and get written consent, especially if tracking happens during work hours.

4. What’s The Difference Between Legal Tracking and Stalking?

Legal tracking comes down to ownership and consent. If you:

• Own the vehicle or
• Have explicit consent from the vehicle owner

…then you’re generally good. Businesses can also track employees with GPS for legitimate business purposes like fleet management, route optimization, or even a time clock system—as long as they follow electronic monitoring laws and make sure consent is required.

Stalking is another story. Using gps tracking devices on a person without their consent or on vehicles without the owner’s permission is usually illegal to install and often considered stalking. Laws like Vonnie’s Law in Rhode Island and other penal code sections make this a crime that can:

• Cause emotional distress
• Lead to criminal charges or restraining orders
• Result in fines and even jail time

Our advice? If you don’t have permission, don’t do it.

5. What Happens If You Break GPS Tracking Laws?

Bad news? You’re looking at serious trouble. Fines, lawsuits, even jail time. Yep—tracking vehicles without consent or putting an electronic tracking device on a car without the vehicle owner’s consent is usually illegal to install.

Most states have laws that spell this out in black and white. For example, Rhode Island’s Vonnie’s Law makes it a crime to use gps tracking devices for stalking or harassment. North Dakota’s penal code section also makes it illegal to track a person without their consent unless there’s a legitimate purpose and explicit consent is obtained.

And here’s something a lot of people miss: even if you’re a private investigator, the law doesn’t give you a free pass. Without a warrant issued or the vehicle owner’s permission, you could be charged with stalking under state gps laws. That can cause emotional distress for the victim and land you in court fast.

Now, there are exceptions. Businesses can track employees with GPS for legitimate business reasons like fleet management, route optimization, or even a time clock system—but only if consent is required and you follow the state’s electronic monitoring rules. Skip that, and your tracking practices might violate laws prohibiting electronic devices to monitor people.

Bottom line? Before using any tracking apps or a mobile tracking device, make sure the law allows it. Otherwise, you risk criminal charges, lawsuits, and a permanent stain on your record.