GPS Tracking Laws Arizona

GPS Tracking Laws Arizona — Legal Guide 2024

If you are interested in buying a real-time GPS tracker to bust a cheating spouse or catch employees misusing a company vehicle then it is important to first have all the information as it relates to GPS tracking laws in Arizona. This article provides information on using tracking devices legally in the state of Arizona. Simply put, you’ll learn about the GPS laws as they pertain to law enforcement, cheating spouses and business use. Now, let’s go over everything you need to know about the GPS tracking laws Arizona has!

Learn More About GPS Tracking Laws In Each State

Police Use Of GPS Trackers In Arizona

Can police officers hide a GPS tracker on your vehicle without you knowing? The short answer is yes, but not without first establishing probable cause and obtaining a warrant. Arizona Supreme Court Chief Justice Scott Bales was part of an AZ ruling that stated law enforcement cannot equip a tracking system on a vehicle to monitor its movements without acquiring a warrant beforehand. Obtained evidence acquired by warrantless search will result in a successful motion to suppress by the defence. Arizona criminal courts have ruled that a warrant to use GPS is needed first or it would be considered a violation of the person’s Fourth Amendment rights.

Is It Legal To Track My Partner’s Car In Arizona?

As we established earlier, police need a search warrant to place a GPS device on your vehicle. Additionally, they must establish a reasonable expectation of privacy. This process ensures your rights remain protected. If you suspect your spouse of cheating or are in a nasty custody case, you might consider GPS tracking. However, using GPS to validate claims of infidelity or irresponsibility involves legal and ethical considerations. Here are 3 things you should consider:

1. Are You The Vehicle Owner? In the eyes of the law, it is legal in Arizona to place a GPS vehicle tracker on any automobile that you own. Courts can’t prove you were tracking a vehicle for spying since GPS trackers have legitimate uses. For instance, vehicle owners might use them for theft recovery or vehicle management. Consequently, any vehicle owner could justify using a GPS tracker.
2. You Are Not The Vehicle Owner. If you placed the GPS inside of a vehicle you do not own that would be considered illegal according to an AZ legal team. The court ruled a person’s car is their personal property, so you can’t simply enter it under criminal justice laws. This decision emphasizes the importance of respecting personal property rights. Consequently, unauthorized entry into a vehicle remains prohibited.
3. You Are Not The Vehicle Owner But Do Not Enter The Vehicle. Now this is where things can be tricky because the outside of a person’s vehicle is technically not private property, but let’s not pretend that is an open door to commit theft crimes or violent crimes. Real-time GPS trackers are registered to the device’s serial number, not a person’s name. Therefore, if someone finds a tracker on their vehicle, they can’t prove who placed it. Additionally, the tracker can’t be traced back to the purchaser. Since placing a tracker doesn’t involve entering the vehicle, the worst consequence might be a small fine or misdemeanour.

Frequently Asked Questions

What Is The Penalty For Stalking With A GPS Tracking Device In Arizona?

Using a GPS tracking device to stalk someone is a felony in Arizona. It can lead to imprisonment, fines, and probation. Under Arizona Revised Statutes § 13–2923, stalking is defined as intentionally or knowingly engaging in a course of conduct that causes a person to feel harassed, threatened, intimidated, or frightened. Using a GPS device to track someone’s location without their consent can be considered stalking.

Can Employers Legally Use GPS Trackers To Monitor Employees In Arizona?

Yes, employers can use GPS tracking devices to monitor employees in Arizona, but they must follow certain laws. Employers must inform employees in writing that they are being monitored and for what purposes. The monitoring must also be related to a legitimate business purpose, such as tracking delivery vehicles. Employers cannot use GPS tracking to monitor personal activities or locations that are not related to work.

Can You Secretly Track Your Spouse’s Vehicle With A GPS Device In Arizona?

No, you cannot secretly track your spouse’s vehicle with a tracking device like the Konnect GPS in Arizona without their consent. It is illegal to place a tracking device on a vehicle without the owner’s consent. Under Arizona Revised Statutes § 13–3016, it is a class 5 felony to place an electronic tracking device on a vehicle without the owner’s consent.

Can Police Use GPS Tracking Without A Warrant In Arizona?

No, police in Arizona cannot use a location tracking device without a warrant or a valid exception to the warrant requirement. In 2011, the Arizona Supreme Court ruled in State v. Emilio Jean that warrantless GPS tracking is unconstitutional under the Fourth Amendment’s protection against unreasonable searches and seizures. The court held that using a GPS tracking device to monitor a person’s location or movements constitutes a search under the Fourth Amendment. Therefore, it requires a warrant.

What Is The Penalty For Drug Trafficking With A GPS Device In Arizona?

Using a GPS tracking device to aid in drug trafficking in Arizona can lead to severe penalties. It can be considered an aggravating factor that increases the punishment for drug offences. Under Arizona Revised Statutes § 13–3419, using an electronic device to facilitate drug trafficking can lead to enhanced penalties. These penalties include longer prison sentences and higher fines.

DISCLAIMER: Please contact an Arizona criminal defence attorney or someone who specializes in criminal law within Arizona courts to get the latest when it comes to laws regarding GPS technology. A criminal defence attorney practising in Arizona is the best resource to avoid illegal GPS tracking and potential criminal charges. Consulting with an experienced attorney can help you navigate the legal complexities. Therefore, the information contained in this article about GPS monitoring for cars should not be considered legal advice. We would encourage you to contact a law firm in Phoenix, AZ, or any city in Arizona to get the most accurate information.

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