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Privacy The Courts Transportation

NJ Judge Rules GPS Tracking of Spouse Legal 241

Posted by Soulskill
from the liberty-and-prosperity-but-not-privacy dept.
Endoflow2010 writes "The use of a GPS device to track your whereabouts is not an invasion of privacy in New Jersey, a state appellate court panel ruled today. Based on the battle of a divorcing Gloucester County couple, the decision helps clarify the rules governing a technology increasingly employed by suspicious spouses — many of whom hire private investigators. No state law governs the use of GPS tracking devices, and the ruling, which does not affect police officers, is the first to address the issue, said Jimmie Mesis, past president of the New Jersey Licensed Private Investigators Association. 'We only use it when we are sure we have the appropriate conditions,' [private investigator Lisa Reed] said, noting that investigators make sure GPS devices are installed in cars on public streets and not private areas, and that the spouse must have some legal or financial connection to the car."
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NJ Judge Rules GPS Tracking of Spouse Legal

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  • Re:You know what? (Score:5, Insightful)

    by RazzleFrog (537054) on Friday July 08, 2011 @12:03PM (#36696770)

    Well if you are cheating on your spouse then I am not sure that they are the only one with moral or ethical problems.

  • Re:Honestly... (Score:5, Insightful)

    by LanMan04 (790429) on Friday July 08, 2011 @12:23PM (#36697078)

    Kids? House? Shared commitments?

    We're not all 23 and dating, you know.

  • by Kjella (173770) on Friday July 08, 2011 @12:24PM (#36697088) Homepage

    Technically, you are only keeping tabs on your own property. This reminds me of a colleague of mine that worked at a phone company, woman called in and was completely furious because they've given the records for HER phone to her husband. Except it wasn't her phone, it was registered in the name of the company and the company was in his name. He requested a detailed bill and the phone company simply complied. It doesn't matter that she was the one using it, that they called it hers because legally it was not - not that she was very willing to listen to that. Same when your spouse is using the car, it's not hers as the ownership is just as joined as ever. Sure a little creepy but it only applies to things you have joint or sole ownership in, that rather limits the uses.

  • by Homr Zodyssey (905161) on Friday July 08, 2011 @12:48PM (#36697478) Journal

    Perhaps a simpler solution would be to refrain from cheating on your spouse...

  • Re:You know what? (Score:5, Insightful)

    by CastrTroy (595695) on Friday July 08, 2011 @12:56PM (#36697578) Homepage
    Ownership laws trump privacy laws, but child exploitation trumps just about everything.
  • by cayenne8 (626475) on Friday July 08, 2011 @12:58PM (#36697590) Homepage Journal

    Perhaps a simpler solution would be to refrain from cheating on your spouse...

    Even simpler....don't get married!!

    Seriously, if you don't get married...and you want to upgrade to a 'newer model'...you don't risk losing half your worldly possessions, and splitting is as simple as "goodbye".

    Keeps life much simpler....

  • by RsG (809189) on Friday July 08, 2011 @01:01PM (#36697636)

    The summary and article weren't specific about what type of tracker it was; it may have stored data locally or broadcast it. If you're storing data on the bug itself for later physical retrieval, then if the person driving the bugged car finds it, they can destroy it and the data, whereas remote monitoring ensures they only destroy the bug. And if it's just broadcasting a cellular signal, you could probably find it.

    Now, part of me wonders if a smart bug might only broadcast occasionally, say by sending the last 24 hours of data once a day, to avoid being detected. That could be a bitch to find... (And if it's occurred to me, it's occurred to people smarter than me, so I'll bet that kind of bug exists).

    Of course, for either a jammer of detector to matter to the discussion, you'd need to first believe that you were being tracked. TFA mentions this bug was in the glove compartment, so if the person had searched their car, they'd have found and disposed of it, or maybe had some fun screwing around with it first.

  • by GodfatherofSoul (174979) on Friday July 08, 2011 @01:29PM (#36697918)

    When you're at the point of hiring me to follow your spouse, your marriage is already over.

  • by cayenne8 (626475) on Friday July 08, 2011 @01:37PM (#36698008) Homepage Journal

    Also, don't share property, don't share finances, don't provide for the other person in any way, and above all, don't have kids. Yeah, sounds much better,

    I sense here you were attempting to be sarcastic...but honestly, I don't see anything wrong with what you said...or that that is bad.

    I mean, if you actually want to have kids..sure ok, then you need the marriage thing...in general. But if you don't want them...then there is no reason to marry. I'm independent, any woman I'm with...needs to be somewhat independent too, and definitely be fiscally sound on HER OWN. I'm not out there to take someone along for the ride...if they don't carry their own weight financially in the relationship, then you as a guy are basically paying for pussy, and there's a better descriptive word for that.

    But really...what good does it do to share property with someone? Share finances (unless you are earning at least nearly equal)? If they're earning too...there is no need to 'provide'.

    And for me...I've never had an inclination to have kids...too much of a boat anchor for my preferred lifestyle. I don't want to sacrifice a large chunk of my life and development, nor do I want the financial burden, I particularly like having a great deal of disposable income to travel with and buy things that make me happy. I like to meet and enjoy various women, and if I got tied down...that could get messy.

    It all depends on what you want out of life...it is short so make sure you do what you want to make it the most enjoyable you can.

    But what you described isn't negative....if you don't want kids.

  • by uid7306m (830787) on Friday July 08, 2011 @03:13PM (#36699168)

    That's a very self-centered view. Not evil, but just thinking about yourself.

    Some of us like the knowledge that there is someone permanent around who is willing to help. Someone to talk to. Someone who gives a shit. You can't buy that last two. You can buy a helper, you can buy sex, but you can only buy people who pretend to care about you or about what you say. If they are in it for the money, they don't care about you. Rather, they only care about your money.

    And, some of us are willing to actually pay attention to someone and to give a shit about them, in exchange. You can call it love, you can call it partnership, you can call it whatever you want.

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