PI's: Use of GPS

Disclaimer: This is an opinion, specific to privately owned vehicles or privately owned devices, and should not be viewed as legal advice....read on.

Use of GPS by private investigators to track a target for surveillance is a great tool and there are many opportunities where it can facilitate an investigation. As a private investigator you must consider all of the potential challenges when deploying GPS tools in the field for investigations involving privately owned devices or vehicles. 

• Laws, or absence of laws - Some investigators feel that the absence of legal statutes in their state allows them to use GPS freely. Unfortunately, the lack of laws may widen the opportunities for lawyers in civil litigation. (Remember that most cases will be heard by a jury, some of which will resent the "invasion of privacy.") Always consult with legal professionals in each case where you plan to deploy GPS. The legal professional must have knowledge and experience in the use of GPS.
• Controversial - Depending on your specific case, the use of GPS will more than likely be a focal point of controversy. One side will surely scream, "FOUL!" if you use GPS even if it is used in a legal manner. It is important to discuss with legal counsel and your client the potential distraction that the use of GPS may bring to their case. We give some tips further in this post on considering the use of GPS.
• Does not replace surveillance of the individual - Sorry, providing a list of locations visited does not prove the case. Surveillance will always be required as GPS does not track the location of the individual, rather it tracks the location of the device. Attorney: "I see the vehicle was stopped at 123 Main St for an hour. Where was Mr. Jones at that time?" Private investigator: "I assume with the vehicle." You know where the attorney will go next....and it won't be pretty for the private investigator. 

When considering the use of GPS we have compiled a few considerations before you deploy it in the field: 

1. Is a GPS device really necessary? - In many cases, the movements of the target will be partially known. A spouse may suspect an interloper where addresses can be located, and surveillance easily established. If considering the use of GPS to make your job easier, then reconsider as the potential costs in litigation may not be worth the few hours saved. 
2. Will normal investigative work provide the same results? - Creating timetables of the target's travels, conducting the required surveillance, and interviews will all be required in addition to the use of GPS....so, if the investigative work will suffice, it might be best to avoid the potential pitfalls in deploying GPS. 
3. Is it the best investment for your client? - GPS equipment costs money. Deploying, maintaining, getting legal advice, etc, all require an investment of time which is an investment of funds for your client. Determine if the funds could be better used elsewhere in the investigation. 
4. How do you handle the information collected from the use of GPS? - Again, consulting with legal professionals is critical. Not all information collected via the use of GPS may be appropriate to share. Consider if the target is using their personal vehicle for work purposes, or there are times that movements of the target may not be considered to be in public view. 
5. Most important - Can you clearly identify ownership of a vehicle or device where you will deploy GPS? - Placing a GPS device on a vehicle or device that is owned by the target will be difficult to sell to any jury as being appropriate - legally or ethically. You need to gather documentation to identify ownership of any device, or vehicle where GPS will be deployed. One investigator shared this advice: "If the vehicle title shows the target's name as the owner, whether another individual, like the client, is listed on the title as well, I will not use GPS. I only look at the title, not the tag registration information. I also identify how the target came in possession. For example; a cell phone was given to the target as a birthday gift. I'm not comfortable that the client still has sole ownership even though they purchased it in their name." 

Use of GPS will continue for awhile to be controversial in legal proceedings as well as in the public eye, with or without guiding laws. As a private investigator you must protect your business, yourself from potential civil litigation or criminal charges. Consider the alternatives, then get legal advice.