Can a Private Investigator Legally Put a GPS Tracker on My Car in Maryland?
A private investigator (PI) does not have a legal right to put a GPS tracker on any car in Maryland. If you are wondering ‘Can a private investigator legally put a GPS tracker on my car in Maryland’, you should know you have many legal rights to protect your privacy and fight back with a lawsuit if you were secretly tracked. If you suspect a private investigator placed a GPS tracking device on your vehicle, you’re not being “paranoid.” It happens more often than many people realize.
Private investigators, their clients and other individuals and businesses who are caught using illegally placed GPS trackers to stalk their victims face serious legal liability, including criminal charges and significant civil monetary damages for invasion of privacy and related claims.
In the world of private investigation, there is a fine line between surveillance and criminal activity. Many people, and even some investigators, wrongly believe that a PI license provides a legal right to stalk people and a “get out of jail free” card for high-tech surveillance and tracking. In Maryland, that couldn’t be further from the truth.
Whitney, LLP’s Maryland illegal GPS tracking attorneys have experience recovering significant compensation for victims of invasion of privacy. We represent clients across Maryland, including including Annapolis, Baltimore, Bethesda, Columbia, Silver Spring, Rockville, Ocean City and Hagerstown
Do you suspect you are being illegally tracked in Maryland? Call Whitney, LLP. We offer Free Case Evaluations for Invasion of Privacy.
Whitney, LLP’s Maryland invasion of privacy attorneys have experience in a variety of invasion of privacy claims, including:
- Secret Recording / Maryland Wiretapping Claims
- Hidden Cameras
- Maryland Divorce Privacy Violations: Illegal Surveillance, GPS Tracking & Stalking
- Non-consensual intimate image distribution / revenge porn – Read about our $260,000 settlement for non-consensual intimate image disclosure.
Call us now at 410 583 8000 or use our online Quick Contact Form for a Free Case Evaluation.
Watch Whitney, LLP’s Youtube channel on being Recorded Without Consent and to see videos on some of our other practice areas and results.
Private Investigators Must Follow the Law – No Special Pass
A Maryland private investigator is not a law enforcement officer and does not automatically have the legal right to secretly attach a tracking device to a car just because they have a license or they were hired to “find out what’s going on.” Due to the ease with which GPS tracking devices can be purchased, and given there are private investigators who are willing to illegally and secretly hide GPS trackers on vehicles, secret GPS tracking is a growing problem.
Private investigators must follow the law like everyone else.
The “License to Track” Myth
Maryland’s Private Detectives Act governs how PIs can operate, but it is important to note what it doesn’t do: It does not grant investigators any special powers to use GPS tracking/surveillance beyond those of an ordinary citizen.
While Maryland law enforcement has a specific framework to obtain court orders for GPS tracking, no such special authority exists for private investigators. In the eyes of Maryland law, a PI has no more right to track your car without your knowledge than a stranger on the street.
The Consequences of Illegal Tracking for Rogue Private Investigators
If a Maryland PI is caught using an illegal GPS tracker, the fallout may be severe:
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Inadmissible Evidence: Any information gathered by the tracker will likely be thrown out of court (e.g., in a divorce or custody case) – but, that information can be used against the PI or their client in a case for their illegal use of the tracker;
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Licensing Issues: Businesses are responsible for their employees and agents. Illegal tracking can lead to the suspension or revocation of a PI’s license.
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Criminal Charges: As mentioned, stalking and harassment charges are a very real possibility
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Civil lawsuit for monetary damages: Maryland law allows the potential for the recovery of significant compensation for victims of secret GPS tracking.
Can I sue the PI and the Person who Hired Them?
Yes. When a Maryland private investigator operates outside the law, it doesn’t just put them at risk, it puts their client at risk of lawsuits and criminal charges, too. If the PI took the illegal action while acting at the direction of their client, legal claims are likely appropriate against both. Claims would likely include a conspiracy claim as well as the typical other legal claims.
Illegal GPS Tracking is an Invasion of Privacy
When a GPS tracker is used to monitor where a person goes—work, home, school, medical appointments, places of worship—that is deeply personal location data. Maryland law treats GPS surveillance as a serious invasion of privacy, not a harmless “tool.”
Whitney, LLP’s Maryland invasion of privacy lawyers have experience filing lawsuits and recovering significant compensation for victims of invasion of privacy. Too many predatory businesses and individuals believe they have the right to abuse a private individual’s legal rights for self-serving purposes. Fortunately, Maryland law can be applied to fight back, stop illegal surveillance and recover significant compensation.
Call Whitney, LLP’s GPS invasion of privacy lawyers now at 410 583 8000 or use our online Quick Contact Form for a Free Case Evaluation.
Illegal GPS Trackers are also a Trespass to Property
The legal foundation for GPS privacy was solidified by the Supreme Court in United States v. Jones, 565 U.S. 400 (2012).The court ruled that physically attaching a GPS device to a vehicle constitutes a “search” and a “trespass to chattels.” In simple terms:
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Your car is your private property (the legal term for private property is “chattel”).
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Attaching a device to it without your permission is a physical interference with your property.
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In Maryland, this can lead to civil lawsuits for Trespass as well as Invasion of Privacy.
When Is It Actually Legal?
There are only two clear paths for a private investigator to legally use a GPS tracker in Maryland:
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Written Consent: The PI must have express, written permission from all owners and users of the vehicle.
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Court Order: A valid court order specifically authorizing the tracking.
In Maryland, if a vehicle is jointly owned, consent should be obtained from both owners. Just because one owner gives permission for a GPS tracker to be attached to the vehicle, they are not capable of giving consent on behalf of another person for them to be secretly tracked – of course, one party secretly tracking the other is a common occurrence in divorce and relationship breakups.
Significant compensation can be recovered for illegal GPS tracking cases.
Maryland Law: Illegal GPS Tracking Can Be a Crime
Unlawful and rogue PI’s face the risk of criminal charges for secretly installing tracking devices on vehicles. One of the biggest risks a PI faces when using a GPS device is a criminal stalking charge. Under Maryland Criminal Law § 3-802, stalking includes any malicious course of conduct—including the use of a tracking device—that causes reasonable fear or serious emotional distress.
Maryland’s stalking statute expressly includes stalking conduct carried out “through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.” That matters because many GPS-tracking situations are not a one-off event – many GPS trackers provide 24 hour, live and historical tracking as part of monitoring, control, intimidation and/or harassment.
Whitney, LLP can help victims of illegal GPS tracking communicate with law enforcement to have conduct investigated for criminal charges.
Call us now at 410 583 8000 or use our online Quick Contact Form for a Free Case Evaluation.
Red Flags – How to Know if a GPS Tracker Was Installed on My Car
Not every tracker is obvious, but common red flags include:
- Repeated “Coincidental” Sightings: Seeing the same person or vehicle at your home, then later at a grocery store five miles away, and again at your workplace is statistically impossible. This suggests they are using a tracker to “ping” your location and meet you there.
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The “Black Box” Discovery: Most PI-grade trackers are small, black, magnetic boxes. They are almost always placed in one of three spots:
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Inside the rear bumper well.
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Tucked into the front wheel well.
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Attached to the metal frame, often under the driver or passenger door for easy access for removal/replacement.
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- Odd threats or comments that reveal knowledge of your precise location:
- “I know you went to John’s house last night” – if you parked out of sight and your car was not visible from the road, this does not make sense;
- “I know everywhere you go” – a comment like this is meant to harass and may be grounded in secretly tracking a person;
- “Who is home with the kids?” – if you are out and get a text or call wondering who is home with the kids, it may be because your location is being tracked.
- Unexplained battery drain – One of our clients could not figure out why his truck’s battery kept dying. After taking it to three different mechanics, the fourth mechanic, a specialist for that type of vehicle, found a GPS tracker that had been wired directly into the power supply of the vehicle.
If you are worried about personal safety or domestic violence, treat it as a serious issue and report it to law enforcement immediately.
What To Do If You Suspect Illegal GPS Tracking in Maryland
- Don’t destroy evidence – it can be helpful later;
- Photograph what you find – multiple angles, close-ups, serial numbers if visible;
- Consider getting a professional inspection of your vehicle – Whitney, LLP’s attorneys can refer you to an expert;
- Document what was happening when you began suspecting tracking, including dates, statements and types of event;
- Call the police and tell them what you think is happening; and
- Call Whitney, LLP’s GPS tracking attorneys and determine your legal rights.
Daniel W. Whitney, Jr. and Daniel W. Whitney of Whitney, LLP
Maryland Invasion of Privacy Lawyer for Illegal GPS Tracking – Whitney, LLP
If you discovered a GPS device on your car or believe a private investigator is tracking your movements without consent, you don’t have to deal with the violation alone. At Whitney, LLP, our attorneys have extensive experience holding rogue investigators, stalkers, and their clients accountable for Invasion of Privacy in Maryland.
We understand the emotional toll of being watched. Whether your situation involves Maryland Divorce Privacy Violations, illegal wiretapping, or non-consensual image distribution, we provide the aggressive legal representation needed to stop the harassment and recover the compensation you deserve.
Whitney, LLP handles privacy and surveillance cases, including illegal GPS tracking, wiretapping and other intrusive conduct, across Maryland.
Call us now at 410 583 8000 or use our online Quick Contact Form for a Free Case Evaluation.
CONTACT WHITNEY, LLP
Daniel W. Whitney, Jr., Esq.
Whitney, LLP
409 Washington Ave, Ste 750
Towson, MD 21204
Phone: 410-583-8000
Email: info@whitneyfirm.com
Website: https://www.whitneyfirm.com
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee future results, and all cases are different.
