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GPS Tracking Laws
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=12404		 Page 1 of 2
Author:  Julia [ Sat 24 Sep 2011 13:00 ]
Post subject:  GPS Tracking Laws
I have been researching Federal and State laws regarding the use of GPS Tracking by P.I.'s and FRA's, much to little avail.

I see where the Supreme Court is suppose to rule on this in October, but it only has to do with law enforcements' use of such. Some of the State laws I've been able find, which is not many, also pertain to law enforcements' use.

I have sent an email to a woman who appears to know more, but have yet to hear. Does ANYBODY have knowledge, first hand, or otherwise about this topic? My frustration level has peaked and my eyes are fried.

Thank you in advance!

Julia
Author:  KARMA [ Sat 24 Sep 2011 17:41 ]
Post subject:  Re: GPS Tracking Laws
http://www.ehow.com/list_6895312_vehicl ... -laws.html

http://www.ehow.com/about_5557131_gps-t ... -laws.html

http://www.trails.com/facts_13678_gps-t ... -laws.html
Author:  Julia [ Sat 24 Sep 2011 17:52 ]
Post subject:  Re: GPS Tracking Laws
Thank you for your assistance!

I have seen this (what you sent), but I think I can speak for any layperson involved in this line of work, that our technology has exceeded our 'laws'. Again, thank you!

Julia
Author:  docmike [ Sat 24 Sep 2011 23:17 ]
Post subject:  Re: GPS Tracking Laws
We use GPS tracking often in our recoveries. We do cover ourself in our contracts for GPS cell pinging ect.
Works very well. :)
Author:  Julia [ Sun 25 Sep 2011 06:37 ]
Post subject:  Re: GPS Tracking Laws
Thank you for that Mike! So 'contractually' you've been able to protect yourself? What I've read (out of CA), which for the most part has been mixed messages, but it's 'legal' for cheating spouse scenarios because the vehicle is considered joint property. On the other hand, a man was found guilty of 4th Amendment infractions because he went onto his wife's computer, which they both used in their house and read her info to find she was cheating. I don't recall which State, but he was prosecuted and LOST!

Contract though.... I've written enough of them, best get on a new one for the FRA side of the biz!

Julia
Author:  pr0wl3r [ Sun 25 Sep 2011 07:36 ]
Post subject:  Re: GPS Tracking Laws
Julia,

I would be curious to see the case you are referring to, since the fourth amendment applies only to governmental bodies, not private citizens.

Quote:
United States v. Jacobsen, 466 U.S. 109 (1984): "This Court has ... consistently construed this protection as proscribing only governmental action; it is wholly inapplicable to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official." (punctuation omitted).
Author:  Julia [ Sun 25 Sep 2011 07:55 ]
Post subject:  Re: GPS Tracking Laws
Thank you Kevin.

This is one of the problems I am running into. See Weld Co., Colorado where a PI was arrested for using GPS. They got him on stalking charges because she claimed emotional distress, which is one of those gray areas, but based on my research CO is a rough state.

I understand that Federal deals with law enforcement, but state by state there doesn't seem to be any cohesiveness!

Julia
Author:  SpanielPI [ Sun 25 Sep 2011 11:09 ]
Post subject:  Re: GPS Tracking Laws
Julia

You are now discovering some of the issues that plague our industries...confusing statutes, lack of industry unity, etc. I too would suggest including several clauses in your contract if legally permissable. Electronic monitoring, waivers of extradition, releases of records...credit, utilities, lease agreements, etc.
1 very important detail posting agents dont ask on bond applications are medical conditions.

Ex: 1 case I had I discovered the def. Required regular dialysis treatments. Where was that minor detail on the bond app ? It is almost the minutest details that close a case for us.
Author:  Julia [ Sun 25 Sep 2011 11:55 ]
Post subject:  Re: GPS Tracking Laws
My gosh, Spaniel! "Medical"!! NEVER considered it! THANK YOU!

In my PI work, especially when it comes to missing persons, 'drugs' are always asked about so we know what potential situation we could be dealing with, etc... Kind-of 'vest, or not to vest'!? (During AZ summers, that can be an important question!)

I've researched some bond apps for info, but you're right...they ask for everything AND the kitchen sink, but I don't recall medical.

Also, I've noticed on your sig line that you are both FRA and PI. Have you ever had the scenario where you've found someone for your client and in the interim, found they had also jumped bail on a totally different matter? Can you find who the bond co. is and solicit that co. to
collect on the bond as well? I guess it's kind-of going through the front door as the PI and in the back door as an FRA.
Author:  SpanielPI [ Sun 25 Sep 2011 12:16 ]
Post subject:  Re: GPS Tracking Laws
Yes ma'am I have. The answer though is sensitive in nature. Contact me privately and I'll explain in detail how I handle those situations.
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