GPS Tracking Laws by State: Essential Legal Tips for PIs (2025)

You probably remember when tailing someone meant hours behind the wheel, keeping just the right distance, and hoping your subject didn’t pull a sudden U-turn. Now? A discreet GPS device can do most of that work for you—quietly and efficiently.

As a private investigator, you need tools that save time, reduce risk, and deliver results. That’s why GPS tracking has become a principal tool in cases such as suspected infidelity, employee misconduct, and auto insurance fraud. Instead of waiting outside a suspect’s home or circling the block, you can gather real-time location data without ever being seen. It’s safer, more flexible, and a lot easier to scale when you’re juggling multiple clients.

But here’s the trade-off: while GPS tech makes your job more efficient, it’s also attracting more attention from lawmakers and privacy advocates. According to Statista, the global surveillance technology market was valued at $114 billion in 2022, with projections reaching $143 billion by 2027. That kind of growth doesn’t just bring innovation, it brings legal heat.

If you’re using GPS in your investigations, you’re not alone. But make sure you’re using it smartly. The next section will show you why, where, and how you use tracking devices really matters.

It’s easy to get caught up in the efficiency of GPS surveillance, but even one misstep can open the door to serious legal consequences. Whether you’re handling a domestic case or a corporate investigation, knowing where the lines are and how not to cross them is critical.

Here’s a quick series of questions every private investigator should run through before placing a tracking device:

• Did you get clear, written consent from the vehicle’s owner? Tracking without this can fall under criminal privacy violations in many states.
• Are you working in a state that requires a court order for GPS tracking? States like Minnesota and others treat unapproved tracking as illegal surveillance.
• Could your tracking be interpreted as stalking or harassment? Certain jurisdictions prosecute repeat GPS use under anti-stalking laws.
• Have you reviewed the latest laws in the state where the device will be placed? Laws change often, and what’s legal in one state might not be in another.
• Do you have proper documentation in place? A clear paper trail protects you if your actions are ever questioned in court or by a licensing board.
• Are you handling any location-linked communication data? If so, you might be subject to the federal Electronic Communications Privacy Act (ECPA).
• Is your professional liability insurance current—and does it cover tech-based risks? This kind of claim can come fast, even if you thought you did everything right.
• Have you clearly explained GPS usage to your client and documented their expectations? Transparent communication helps avoid client disputes down the road.

Using GPS tracking legally and effectively isn’t just about understanding how the technology works, it’s about using it correctly, every time. Follow these steps to reduce risk, stay compliant, and protect both your client and your business.

1. Confirm vehicle ownership or obtain written consent – Never assume who owns the vehicle…get it in writing.

Example: A PI placed a tracker on a car owned by a subject’s ex-spouse and was later accused of unlawful surveillance.

2. Collect and store client authorization – Always document who requested the tracking and why.

Example: In court, a PI avoided liability by presenting the client’s signed request and consent form.

3. Check your state’s GPS laws—every time – Laws change, and ignorance won’t hold up in court.

Example: A PI licensed in Texas used GPS in Oregon and faced legal threats due to stricter stalking interpretations.

4. Avoid tracking minors or protected individuals – Even with client approval, some people are legally off-limits.

Example: A custody case went south when a PI unknowingly tracked a child under court protection.

5. Train your team on legal use – Don’t assume everyone is on the same page; educate them regularly.

Example: A subcontractor placed a tracker illegally, and the lead PI was held accountable.

6. Use GPS to support, not replace, observation – Let GPS enhance your case, not carry it.

Example: A PI relied solely on GPS and missed crucial in-person behavior that would’ve strengthened the report.

You might follow the law to the letter, but a single complaint or misunderstanding can land your agency in a legal and financial mess. GPS tracking cases have triggered professional liability claims ranging from privacy violations to alleged stalking, even when the PI believed they had consent.

In one case, a PI was sued after placing a tracker on a company vehicle at the client’s request. The employee driving the vehicle was unaware and subsequently filed a lawsuit. Without documentation and the right coverage, the PI was left to pay out of pocket.

El Dorado Insurance understands this industry and builds coverage that accounts for the real risks investigators face with today’s tools.

Talk to an El Dorado agent about insuring your investigative practice against GPS-related liability today.

Are you ready for secured protection?

Contact El Dorado Insurance today to review your coverage and make sure you’re fully prepared for the risks that come with modern surveillance tools. Your work is detailed, your insurance should be, too

For more information or a consultation, visit El Dorado Insurance.

APPLY NOW