There are a lot of great uses for GPS tracking technology. But tracking technology gets dark fast when someone plants one on your stuff without your knowledge—like the police, who are increasingly using these devices to monitor the movements of people involved in investigations (the cops can even shoot one onto a car during a high-speed chase!). If you’re now paranoid about the cops tracking your car’s movements, here’s what you need to know.
It is 100% legal for the cops to place a tracking device on your car without your knowledge—but they must have a warrant giving them permission to do so. This was settled by the Supreme Court in United States v. Jones in 2012, which found that a warrantless GPS device violated the Fourth Amendment prohibition against illegal search.
However, attorney Andrew Flusche notes that it’s often very easy for police to get these warrants, and they can even get them issued by magistrates (who aren’t judges, and sometimes aren’t even lawyers) in some states. That means that the police can probably legally place a GPS tracker on your car even if you’ve done nothing wrong, as long as they’re willing to file the paperwork.
Of course, these trackers are easy to buy and to place by anyone, not just the police. But if you find one, you should be careful about your response.
First, how can you even know if you’re being tracked by one of these devices? Most police departments won’t be using a Tile or AirTag—they prefer a magnetic tracker that can be quickly attached to the exterior of your car. To determine whether you’re being tracked, start with an exterior inspection. Common spots for attaching trackers include:
Side mirrors
The car’s undercarriage (including exhaust pipes)
Wheel wells
Bumpers
If you don’t see anything on the outside of the car, you should also check the interior. While less likely, it’s not impossible that a tracker has been placed inside the car if there’s been opportunity. Spots to check include:
Under and between seats
Under rugs and mats
In the glove compartment
Attached to dashboard
Inserted into the car’s OBD2 data port, if it has one (usually beneath the steering column)
Inside the trunk
You’re looking for anything that stands out and can be easily removed—these trackers are typically relatively small and encased in black plastic. You can also purchase GPS detectors and “bug sweepers” that scan for the frequencies these devices use and alert you to their presence.
If you discover a GPS tracker on your vehicle, your first instinct might be to remove it. If the device wasn’t placed by law enforcement, you have every right to remove it—but if it was placed by the police with a proper warrant, removing it could be a mistake. While there have been cases where the police merely requested the return of their device when it was discovered and removed, there have also been cases where the police used the removal of these devices as probable cause for further action. For example, in Indiana in 2018 a man discovered and removed a GPS tracker from his car—and the police used that removal to get a new warrant to raid his house (where, it should be noted, they found methamphetamine).
The police were eventually found to be in the wrong there, and the Indiana Supreme Court ruled that removing the tracker wasn’t theft or probable cause; the evidence they gathered during the raid was suppressed. But it demonstrates that removing a GPS tracker can trigger unpredictable reactions if it was placed by law enforcement. Since you can’t tell who placed it just by looking at a tracker, your best bet is to leave it in place and contact a lawyer, who can help you determine if you’re under investigation and advise you as to the specific laws in your state surrounding GPS trackers (which vary). In the meantime, if you can use an alternate vehicle, you should do so.
