ARE GPS TRACKERS LEGAL IN GEORGIA?

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In a recent landmark ruling, the U.S. Supreme Court held that law enforcement use of GPS trackers tomonitor movements constitutes a “search”.  That means the technology falls under the Fourth Amendment’s protections against unreasonable searches and seizures, making it difficult for police to put a tracker on a car without first obtaining a warrant.  But for private individuals, lawsaround the use of GPS trackers remain patchy, differing from state to state.

While some states have gone further and prohibited use of GPS tracking devices on another person’s motor vehicle, Georgia’s laws do not.  The Georgia Legislature tried to pass a law in January and February of 2009 to make it illegal to put a GPS tracker on another person’s vehicle, but these did not pass.

Being said, the purpose of the GPS device has been argued in Georgia courts.  While legal to place the device, monitoring should not be used to harass or stalk another person.  The use of the device may be judged to determine the legality of its use.

In summary, GPS devices are legal for a private citizen to place in Georgia on another person’s car, however the device must not be placed on private property or cause damage when placed, or be used for the purpose of harassment or stalking.

» Georgia Law » ARE GPS TRACKERS LEGAL IN GEORGIA?

July 24, 2015

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