Trying to keep tabs on someone by planting a tracking device on their person or possessions without their consent is against the law. A typical case involves a spouse or partner in a relationship gone bad who sneaks a GPS device onto the victim’s car
. But there are serious penalties. Unlawful Installation of a Tracking Device or Tracking Application, Florida Statute 934.425
, is a second-degree misdemeanor that can land you in jail for up to 60 days plus six months of probation and a $500 fine.
If you’ve been charged with Unlawful Installation of Tracking Device
in Florida, call 407-349- 4211 to speak with an experienced Orlando Defense Attorney
at the Rivas Law Firm.
Are GPS Trackers Legal in Florida?
It is perfectly legal to use a GPS tracker for legitimate purposes. Thanks to technological advances, tracking systems are inexpensive and widely available. There are, however, some legal restrictions on how they can be used. With some exceptions, no one other than a law enforcement officer with a warrant
is allowed to use a tracking device on another person without their permission.
The exceptions are:
- A parent or legal guardian of a minor childchild.
- A caregiver of an elderly person or disabled adult …if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking applicationontotheelderlyperson’sordisabledadult’spropertyisnecessarytoensure the safety of the elderly person or disabledadult.
- Apersonactingingoodfaithonbehalfofabusinessentityforalegitimatebusiness purpose.
Many employees implicitly give their consent by using company-owned cars or cell phones, but companies need to be careful. Because the law is evolving and open to interpretation, employers may be liable for alleged privacy abuses if they do not follow guidelines. It would be wise to consult with an attorney about the legality of surveillance measures.
When is it Illegal to put a GPS Tracker on Someone’s Car in Florida?
It is illegal to put a tracker on someone’s car without their permission. The charges are often brought in stalking
and domestic violence cases. Other cases involve high-profile burglaries
in which suspects used GPS tracking to monitor victim’s whereabouts while they broke into their homes to steal jewelry and other luxury items.
Defense Against Unlawful Installation of Tracking Device Charges
There are a number of ways to defend against these charges. An experienced and aggressive criminal defense attorney will conduct a thorough pre-file or pre-trial investigation of your case
to determine the best defense for you. For instance, the law requires the consent of “an owner”
of a vehicle for a tracking device to be legally installed. As in some situations, a couple may be joint owners or leaseholders of a car, in which case the consent of only one of the parties is required.
A diligent attorney looking out for your best interests will also challenge every element of the states case, from evidence collection to witness statements. There may be opportunities to have the charges reduced or to even have the case dismissed. It’s important to contact an experienced criminal defense attorney as quickly as possible if you are charged with any crime. Call 407-349-4211 to speak with a skilled and aggressive Orlando Criminal DefenseAttorney
at Rivas Law.