By Jill K. Sanders, Esq.
Jackie Wisniewski was the victim of domestic violence at the hands of her boyfriend Timothy Jorden. At one point after the couple had broken up, Timothy even placed a GPS tracking device on Jackie’s car. Then in 2012, Timothy shot Jackie several times, leaving her to die in the hospital stairwell where the two worked together. After a nationwide manhunt, Timothy turned the gun on himself and died by suicide.
Subsequent to Jackie’s death at the hands of her abuser, New York passed “Jackie’s Law” in 2014. Under this law, placing a GPS tracking device is illegal if done without permission. But now, tracking devices – such as AirTag, SmartTag, and Tile – are more widely available for sale. As such, criminal charges relating to these devices are becoming more common. Here’s what you need to know about the use of a GPS tracking device.
How a Tracking Device Works
A tracking device such as an AirTag, SmartTag, or Tile is usually quite small. In terms of size, many of these devices are only slightly larger than a quarter. These devices usually operate with a replaceable battery, and they only cost about $20 to $30.
To track with these devices, they are paired with an application on a mobile phone. After the device is activated, the phone application will show the tracking device’s location using a Bluetooth signal. To use, the device can be attached to an item such as keys or a wallet. Additionally, most devices have a speaker which will emit a sound so the device and item can be found by the owner.
For an AirTag, the device uses the entire Apple iOS network to provide location data. As such, an AirTag doesn’t even need to be within Bluetooth signal reach of the owner. It can be used to track items around the world. For more information, the following video explains how AirTags work.
When a Tracking Device Is Misused
Pursuant to New York’s Penal Law § 120.45(2), a person who uses an unauthorized GPS tracking device can be charged with Stalking in the Fourth Degree. This is a class B misdemeanor, meaning it is punishable by up to 90 days in jail. An Order of Protection is also usually issued in such cases.
But this law isn’t particularly strong – a charge of stalking only results where a perpetrator continues such conduct after being told to stop. For those who are victims of domestic violence, it may be difficult for them to tell their abuser to stop tracking them.
Moreover, some tracking devices have been modified to avoid anti-stalking efforts by the manufacturer. While Apple’s product will emit a sound if AirTag is separated from its owner for an extended period of time, some AirTags have been sold with the speaker disabled. Speakers can also be disabled by anyone with a little tech know-how.
References:
Main Image: by rawpixel.com (royalty-free commercial use license)
Close-up Image of AirTag: KKPCW, CC BY-SA 4.0, via Wikimedia Commons
FAQs
Pursuant to New York's Penal Law § 120.45(2), a person who uses an unauthorized GPS tracking device can be charged with Stalking in the Fourth Degree. This is a class B misdemeanor, meaning it is punishable by up to 90 days in jail. An Order of Protection is also usually issued in such cases.
What is the law on GPS tracking in NY? ›
Can Private Citizens Use GPS Tracking In New York? According to Jackie's Law, using a GPS tracking device on another person is fourth-degree stalking, a misdemeanor punishable by up to 3 months in jail and up to $500 in fines. There are nuances to this.
Is it illegal to put an airtag on someone's car in New York? ›
In New York, it is unlawful to use an electronic tracking device to determine the location without any authorization.
What is the case law for tracking devices? ›
The court held that the installation of a GPS tracking device on Jones' vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment. Justice Samuel Alito concurred but criticized the framing of the question in terms of trespass to property.
Can I sue someone for putting a tracker on my car? ›
The unauthorized use of GPS devices for tracking purposes violates California Penal Code Section 637.7. Those who infringe on this code section may face civil penalties.
Is tracking someone with AirTag a felony? ›
The new law classifies installing or placing a tracking device or app on another person's property without their consent as a third-degree felony. This carries a potential sentence of up to five years in prison.
What is the Jackie's law in New York State? ›
Jackie's Law adds a new section to the state's penal code, under “Unlawful Surveillance in the Second Degree,” which makes the use of a GPS device to track a person's movement, without their consent, a class E felony.
Can you press charges on someone for putting an AirTag on your car? ›
It is possible that the air tag would be enough to pursue criminal charges for stalking, but the identity of the person who placed it in the car would need to be found.
Is it legal for a private investigator to put a tracker on a car? ›
The short answer is yes—private investigators can use GPS trackers to monitor your vehicle, and in many cases, it's legal for them to do so.
Is it illegal to track a spouse's car? ›
In most states, if you own the car jointly with your spouse or the car is your sole property, it's probably legal to place a tracking device in the car. However, if you install a GPS tracking system in a car that isn't yours, you may expose yourself to a lawsuit for invasion of privacy.
In six states (California, Florida, Hawaii, Louisiana, Minnesota, New Hampshire and Virginia) laws more broadly prohibit the use of electronic tracking devices, not just on vehicles, and not just in the context of stalking, but when they are used to determine the location or movement of a person without consent.
Is tracking your spouse a crime? ›
If the tracked spouse is the vehicle's sole owner or if it is leased only in their name, the spouse who placed the device may face prosecution for stalking, and any evidence they obtain will be inadmissible in family law court.
What is the ruling on GPS tracking by police? ›
10-1259), a case addressing the constitutional privacy rights of American citizens in the face of modern tracking systems based on GPS and other technologies. The Court ruled that law enforcement must obtain a warrant prior to attaching a GPS device to a suspect's vehicle in order to monitor its movements.
What to do if someone puts a tracker on your car? ›
I would notify the police in regards to the tracking device. If anyone wants the device back, let them seek the device at the local police station. I am sure the local police will have lots of questions for this person, like why did they put a strange tracking device on the car.
Can I legally remove a GPS tracker I find on my car? ›
If you find yourself at the receiving end of illegal tracking, it is advisable to seek professional help, such as mechanics or other electronic technicians, in finding the tracker and disposing it. You can also seek help from law authorities to find who placed the tracker there.
What can the police do if you find a tracker on your car? ›
If you happen to come across a tracker by chance or during a DIY bug sweep, call the police and let them carry out their investigation to see if some form of crime is being carried out. A police investigation can help sniff out the culprit.
Do you need a warrant for GPS tracking? ›
The Supreme Court affirmed the court of appeal's decision, finding that use of a GPS tracking device – even on public streets – constituted a search necessitating a valid warrant.
What is the navigation law 45 in NY? ›
(a) Every master or operator of a vessel shall at all times navigate the same in a careful and prudent manner in such a way as not to unreasonably interfere with the free and proper use of the navigable waters of the state and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or ...
Can the police put a GPS tracker on your car? ›
The police can install and set up the tracking device without your knowledge and only must notify you that you were tracked by a GPS device within 10 days after the tracking period ends. In addition, the police can track you for longer than 30 days if they show good cause for an extension of the initial 30-day period.
Can the government track you through GPS? ›
According to a court decision, law enforcement must obtain a search warrant before tracking suspects with GPS.
