The use of global positioning systems (GPS) has become standard technology for many. A GPS can help us navigate and locate any destination we desire. In some cases, it may even help us catch a cheating spouse, but is it legal to place a GPS on your spouse’s automobile without their knowledge or consent? Would data collected from the GPS be admissible for a divorce in Maryland? The answer may surprise you.
If you have or share ownership on the car that your spouse drives, it is perfectly legal to put a GPS tracker on the automobile. The question of legality pertains to what type of information you are after, and how you will use this information. Basically, the GPS is not an invasion of privacy when it is merely tracking the activity and location of the vehicle itself. The driver’s right to privacy is not directly compromised because there would be no evidence that they in fact were driving the vehicle at the time, or if they stayed at the location where the car was parked.
Utilizing Information in Court
Information obtained from tracking the exact location of a vehicle may help establish a pattern of activity that supports charges of infidelity in a divorce case. The problem in using this information is proving that the spouse was actually in the car at the reported time and location. The court must also decide if the evidence obtained from the GPS was actually an act of trespassing or harassment. If a spouse puts a GPS tracker on a car that does not belong to them, they may be in violation of local laws and ordinances. In this case, the information would not be admissible for a divorce in Maryland.
Spouses that utilize GPS technology when there is a no contact or restraining order in place risk being charged with stalking. Penalties for this crime exceed any benefit the data collected could provide, and may wind up costing the violator a hefty fine or even apprehension. The laws are tricky when it comes to tracking a spouse’s behavior, so it is always advisable to consult with a reputable and experienced divorce lawyer.
Towson Divorce Lawyers at Huesman, Jones & Miles, LLC Provide Legal Counsel to Couples Seeking Divorce in Maryland
If you or someone you know is considering a divorce in Maryland, the experienced and competent Towson divorce lawyers at Huesman, Jones & Miles, LLC can help. We are committed to providing high quality and skilled legal services to our clients that ensure a low stress and efficient process. Call us at 443-589-0150, or contact us online to schedule a consultation today. Our offices are conveniently located in Towson, Pikesville, and Hunt Valley and we serve clients in Baltimore County, Harford County, Carroll County, and Howard County, including the towns of Essex, Columbia, and Bel Air.
