Understanding the Laws on Electronic Tracking Devices in North Carolina
The use of electronic tracking devices has become more and more common. GPS trackers allow individuals and entities to monitor the location and movement of people, vehicles, or personal property.
While this technology offers various benefits in terms of safety, convenience, and asset management, it also raises serious legal and privacy concerns. In North Carolina, the laws surrounding electronic tracking devices have evolved to balance the legitimate uses of such devices with protections against misuse.
Ward Family Group in Cary, North Carolina, can help you understand the laws governing electronic tracking devices in North Carolina, the consequences of unlawful use, and the circumstances under which their use is permissible. Contact our divorce attorney for assistance.
Definition and Common Uses of Electronic Tracking Devices
Electronic tracking devices, most commonly Global Positioning System (GPS) trackers, are devices used to determine and record the location of a person or object. These devices may be stand-alone gadgets or integrated into smartphones, vehicles, or other electronic equipment. Common uses include:
Personal use: Parents tracking children, individuals tracking their own vehicles.
Commercial use: Employers monitoring fleet vehicles or delivery trucks.
Law enforcement: Used in criminal investigations with proper legal authorization.
Investigative services: Private investigators using trackers for surveillance.
While many uses are legal, the unauthorized or surreptitious use of such devices can cross into unlawful territory, particularly when privacy rights are violated.
North Carolina General Statutes on Electronic Tracking Devices
North Carolina enacted specific statutes to address the unauthorized use of electronic tracking devices. The primary statute is N.C. Gen. Stat. §14-401.25, which criminalizes certain uses of tracking devices.
Overview of N.C. Gen. Stat. §14-401.25
This statute makes it unlawful for any person to knowingly install, place, or use a tracking device to determine the location of any person without their consent. Key elements of the statute include:
Intentional act: The act must be intentional and knowing.
Lack of consent: The individual being tracked must not have provided consent.
Location tracking: The device must be used to determine location.
Violation of this statute is classified as a Class 2 misdemeanor, which can carry penalties including fines, probation, and potential jail time.
Exceptions to the Law
The statute includes several exceptions under which the use of tracking devices isn’t considered illegal. These include:
Law enforcement: When used by law enforcement officers acting under a valid warrant or court order.
Parent or guardian: A parent or legal guardian may track their minor child.
Consent: If the tracked individual has given prior consent.
Vehicle ownership: The owner or lessee of a vehicle may track the vehicle.
Private investigators: Licensed private investigators may use tracking devices under specific conditions in the course of their employment.
Business purposes: Employers may track employees' use of company-owned vehicles or equipment, subject to notice requirements and limitations.
While the use of tracking devices is generally restricted, the statute permits specific exceptions for law enforcement, parents, consensual tracking, vehicle owners, licensed private investigators, and employers under defined conditions. Speak with a divorce attorney to learn more.
Detailed Analysis of Legal Exceptions
Here are some specific details to know about each of the common legal exceptions:
Law Enforcement Usage
North Carolina law permits the use of tracking devices by law enforcement officers, but only under strict conditions. Officers must obtain a warrant supported by probable cause, as required by the Fourth Amendment of the U.S. Constitution. Courts have ruled that warrantless GPS tracking constitutes a search and thus requires judicial authorization.
Parental and Guardian Rights
Parents or legal guardians are permitted to use tracking devices on their minor children. This exception acknowledges the rights and responsibilities of parents to verify the safety and well-being of their children. However, the law doesn’t extend this right to individuals who aren’t legal guardians.
Consent-Based Tracking
Tracking is permitted when the subject has provided informed consent. This is particularly relevant in contexts like mutual family monitoring or employee consent to monitoring in work vehicles. Consent should ideally be in writing and clearly state the scope and duration of the tracking.
Vehicle Ownership
If an individual owns or leases a vehicle, they’re legally permitted to install a tracking device on it. However, complications may arise when the vehicle is shared with or primarily used by another person, such as a spouse or teenager. In such cases, the rights of the user versus the rights of the owner may come into conflict.
Licensed Private Investigators
Licensed private investigators in North Carolina may lawfully use tracking devices as part of their work, provided they adhere to professional standards and ethical guidelines. They must also avoid violating privacy laws or trespassing. Their use of tracking devices often falls within gray legal areas and must be carefully justified.
Employers and Business Use
Employers are allowed to track company-owned assets, including vehicles and equipment, used by employees. However, employers must inform employees of such tracking and may not use these devices to intrude upon their personal privacy, especially during off-hours or when the vehicle is used for personal reasons.
Legal Consequences of Violating Tracking Laws
Violating N.C. Gen. Stat. §14-401.25 can lead to criminal prosecution, civil liability, and other collateral consequences.
Criminal Penalties
As a Class 2 misdemeanor, unauthorized tracking can result in penalties including up to 60 days in jail for a first offense (if prior criminal record exists), community service, probation, and fines.
Civil Lawsuits
In addition to criminal liability, individuals who unlawfully use tracking devices may be sued in civil court for invasion of privacy, intentional infliction of emotional distress, or other torts. Civil penalties may include monetary damages and punitive awards.
Protective Orders and Injunctions
Victims of unlawful tracking may seek protective orders or injunctive relief from the courts. This is particularly relevant in cases involving stalking or domestic violence.
Loss of Professional Licensure
Professionals such as a private investigator or a divorce attorney who misuse tracking devices may face disciplinary action, including suspension or revocation of their licenses.
Use of Tracking Devices in Family Law and Domestic Situations
One of the most contentious areas involving tracking devices is in family law disputes, particularly in cases of divorce, child custody, and domestic violence.
Spousal Tracking
Spouses sometimes use tracking devices to collect evidence of infidelity or misconduct. However, if done without consent or proper legal authority, this can constitute a criminal act. Courts generally disapprove of such tactics and may exclude unlawfully obtained evidence.
Custody and Visitation
Tracking devices may be used to monitor the location of children during visitation, particularly in high-conflict custody cases. However, this must be agreed upon by both parents or ordered by the court. Unilateral tracking can backfire and may be seen as intrusive or controlling.
Domestic Violence and Stalking
Victims of domestic violence are particularly vulnerable to unlawful tracking by abusive partners. North Carolina courts treat such conduct seriously and may issue restraining orders or no-contact orders. Electronic tracking in this context is often a form of stalking and harassment.
If you’re facing any of these situations, inform your divorce attorney right away.
Technology and Privacy Considerations
The growing sophistication of tracking technology poses new challenges to privacy and legal enforcement.
Smartphone and App-Based Tracking
Many modern tracking systems are app-based, allowing users to monitor others through shared access or unauthorized installation of spyware. Legal consent is essential, and secretly installing such apps can result in criminal charges.
Data Security and Retention
Entities using tracking devices must take reasonable steps to protect the data collected. This includes securing the data from unauthorized access and not retaining it longer than necessary. Breaches of data may result in additional liability.
Cross-Jurisdictional Issues
Tracking across state lines introduces complications, as laws vary by jurisdiction. What is legal in North Carolina may not be legal in another state, and vice versa. Users must be aware of the laws in all relevant jurisdictions.
Contact a Divorce Attorney
Electronic tracking devices offer powerful tools for safety, logistics, and personal convenience. However, their use must be balanced against individual rights. Contact our divorce attorney at the Ward Family Law Group for assistance. Our office in Cary, North Carolina, serves Wake County, Durham County, Chatham County, Franklin County, Johnston County, and Orange County. Our office in Wake Forest, North Carolina, serves the North Raleigh, Wake Forest, Youngsville, Rolesville, Louisburg, and Zebulon areas. Call today.
