Tracking your Ex with GPS

A Kansas City area divorce or child custody dispute can be an emotionally taxing and heart wrenching process, particularly in a situation where one party is suspicious the other party is guilty of infidelity (marital misconduct). Questions you bring up that go unanswered, inexplicable physical absences..... can cause one spouse to want to do a little digging and play detective.

For some suspicious parties, the idea of planting a GPS tracking device to monitor their spouse’s whereabouts may seem like a logical move at this point in your precarious marital situation. Although GPS tracking technology may provide some answers (the good, the bad and the ugly), there are some legal and ethical concerns when employing such devices to do your dirty work during a Kansas City divorce or child custody dispute.

The Relationship between GPS tracking and divorce.

Cheating is the number one cause of divorce in the United States, and in many instances, proving that one party is unfaithful can affect divorce outcomes, especially in those states which allow fault to influence issues such as child custody, property division, and/or alimony. With GPS technology, it is possible to preserve the evidence of one spouse’s cheating by confirming their whereabouts at a specific date and time.

Before you take the step of installing a GPS tracker on your ex’s vehicle or his/her person, it is imperative to understand the legal rules because your actions may end up hurting you more than they help you. Improper use of tracking devices is illegal in some circumstances and inappropriate use can wreak havoc in your divorce proceeding.

Is it illegal to use a GPS Tracking Device in a Kansas City Divorce?

The determination of whether it is legal or illegal to place a GPS tracking unit on your spouse’s car or person during a pending divorce depends on several factors:

1.     Who owns the Vehicle: In most instances, a spouse can legally place a GPS tracking device in a vehicle that spouse owns or if the vehicle is jointly owned by both spouses.  By law if you are a co-owner of a vehicle then you are legally allowed to know the vehicle’s whereabouts at all times.  On the contrary, it is illegal to place a tracking device in your spouse’s car if it is registered solely in their name. Here tracking could be considered trespassing or harassment.

2.    The Expectation of Privacy: The right of Privacy is governed by the 4^th Amendment to the United States Constitution.  When determining whether a right to privacy has been violated, courts must first determine whether the individual in question had a “reasonable expectation” of privacy. In general, it is not illegal to monitor or track any vehicle in public places, on roadways or in public parking lots. Tracking a vehicle in a gated community, in a garage or in other private areas may be construed as an invasion of privacy.

3.    Sound Recording:   Tracking devices capable of recording conversations used without consent could be illegal in violation of federal and state laws prohibiting wiretapping. Recording your spouse’s private conversations without consent using a tracking device could lead to criminal accusations and such recordings would be inadmissible in the divorce proceedings because they were obtained illegally. 

4.   Orders of Protection: Unfortunately, restraining orders and orders of protection are all too common in divorces and contentious child custody matters. If you have an order of protection against you, DO NOT track your ex using a GPS device. Such action could violate the order resulting in serious criminal charges.

Is evidence from GPS tracking Admissible in Court?

While placing a GPS tracker may be legal in some situations, what is obtained as a result of the tracking may not be admissible as evidence in your case. In general, if evidence is procured via illegal methods, it is inadmissible as evidence and therefore cannot be used in court.

• Admissible Evidence: Evidence you gather from a legally placed GPS tracking device can be beneficial in your case, specifically when it comes to uncovering marital misconduct or waste of marital funds or assets.

  
  

• Inadmissible Evidence: Information accumulated illegally is probably going to be ruled inadmissible in court.

For questions regarding the admissibility of evidence, it is important to consult with an experienced family law attorney for men. The rules of evidence in Missouri family law cases are complicated.

The effect of GPS tracking on Divorce Cases

GPS tracking can influence a divorce case:

• Proving Marital misconduct: In many divorces, proving infidelity can affect the outcome of the case. In Missouri, marital behavior is a factor considered when dividing marital property.

  
  

• Illustrating Neglectful Behavior: If you can show your spouse’s actions indicate they may be neglecting their parental responsibilities, this could affect the child custody determination of your divorce.

  
  

• Evidence of Financial Wrongdoing: GPS tracking could provide evidence of where your spouse is hiding assets.

Improper use of a GPS tracking device may end up hurting you more than helping you. Depending on the particular court and judge in your case, tracking your ex may be viewed as inappropriate or controlling behavior, potentially affecting child custody or property division in your divorce.

Alternatives to Tracking your Spouse

If you suspect your spouse is cheating or engaging in other misconduct like wasteful spending, there are other ways to accumulate evidence:

• Consult with a Private Investigator: A licensed private investigator is specially trained to gather evidence in a legal manner (which will then be admissible in your case). Further a PI is usually experienced in testifying in court and can therefore testify in your case if needed.

  
  

• Record Suspect Behavior: If your spouse’s behavior seems odd, be sure to make a detailed record of suspicious absences, financial inconsistencies, or other odd behavior.

  
  

• Consult with an Experienced Attorney: An experience family law attorney has the ability to guide in legal ways of uncovering bad behavior so that evidence is admissible and therefore useful in your case.

  
  

Ethical Concerns of Tracking your Spouse

In addition to legal considerations, GPS tracking elicits ethical concerns. Tracking your spouse’s every move can exacerbate ongoing problems and corrode trust. If your spouse finds the GPS tracking unit, it could jeopardize settlement negotiations, or result in additional legal action against you.

If I Suspect I’m being tracked by GPS Tracking device what should I do?

If you have reason to believe you are being tracked by your spouse, consider the following:

• Search Your Vehicle: Be sure to look at the underside of the vehicle, in the wheel wells above the tires, and inside the trunk for GPS tracking devices.

• Contact Police:  If you find a tracking unit, call the police to make a record thus establishing a paper trail, especially if the device  was planted without your consent.

• Talk to an Attorney: An experience divorce attorney for men is crucial to aide you in protecting your privacy and respond accordingly.

  
  

Legal Representation is recommended in divorces.

Divorces can be complexes cases and each case is unique based on the specific circumstances inherent in the particular case. If you considering utilizing a GPS tracking device or you believe your spouse may be using one on you, it is imperative you consult with an attorney experienced in representing men in dissolution of marriage cases.

Contact the Kansas City Divorce Lawyer for Men at the Men’s Center for Domestic Resolution.

At the Men’s Center for Domestic Resolution, we understand the different dimensions of complex divorce cases and are ready to tackle the challenges of gathering evidence in a legal, ethical and responsible manner. Kansas City divorce lawyer Robert Davis is available to provide men with high quality legal representation unique to each man’s personal situation. If you are considering divorce, call us at 816-785-1530. Located in Lone Jack, Missouri, we serve clients in Cass County, Jackson County, Johnson County (Missouri), Lee’s Summit, Blue Springs, Independence and through the entire northwestern Missouri region.