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Judge rules use of GPS to track a cheating spouse is not an invasion of privacy
Star-Ledger ^ | 7/7/11 | Mary Ann Spoto

Posted on 07/08/2011 9:16:35 PM PDT by Huntress

GLOUCESTER COUNTY — Beware, all you cheating husbands and wives.

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.

“For the appellate division to say that it’s not an invasion of privacy is a wonderful thing for the private investigation business,” said Lisa Reed, owner of LSR Investigations in Flemington. “It’s been something we’ve been haggling over for some period of time.”

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.

(Excerpt) Read more at nj.com ...


TOPICS: News/Current Events; US: New Jersey
KEYWORDS: fourthamendment; gps; gpstracking; warrantlesssearch
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1 posted on 07/08/2011 9:16:41 PM PDT by Huntress
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To: Huntress

Link to court opinion: http://www.judiciary.state.nj.us/opinions/a0654-10.pdf


2 posted on 07/08/2011 9:18:46 PM PDT by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: Huntress

Nothing says “I care” like relentless surveillance.


3 posted on 07/08/2011 9:20:36 PM PDT by Psalm 144 (We are not governed. We are occupied.)
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To: Huntress

Just exactly how do they get their suspected spouse to carry such a device on them?


4 posted on 07/08/2011 9:24:04 PM PDT by ThomasThomas (I am still looking for that box I am supposed to think out of.)
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To: Huntress

“...the ruling, which does not affect police officers...”

A while back, a major drug bust in DC was invalidated because the police (or FBI) used gps technology to track a dealer.


5 posted on 07/08/2011 9:27:16 PM PDT by EDINVA
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To: ThomasThomas

Most likely attached to their car.


6 posted on 07/08/2011 9:28:30 PM PDT by Soothesayer9
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To: Huntress

Having recently dealt with the cheating girlfriend, I can’t imagine having to deal with trying to prove my spouse was cheating. This actually seems fairly simple and low-invasive. The spouse probably doesn’t like it, but if they hadn’t been cheating then it wouldn’t have came to that.


7 posted on 07/08/2011 9:28:47 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Psalm 144
Nothing says “I care” like relentless surveillance.

Nothing says "I care" like the need for relentless surveillance. LOL!

8 posted on 07/08/2011 9:30:06 PM PDT by doc1019 (You do not need a parachute to skydive. You only need a parachute to skydive twice.)
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To: Huntress

I don’t know a lot about these type of devices. Is it put onto/into the car somehow? If so, I guess a vehicle is considered marital property and one person can say yes to having such a device put on it?


9 posted on 07/08/2011 9:32:33 PM PDT by momtothree
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To: Huntress
Something to add to the theoretical pre-nup for theoretical ex #4. GPS tracking is disallowed.

/johnny

10 posted on 07/08/2011 9:33:12 PM PDT by JRandomFreeper (Gone Galt)
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To: ThomasThomas

New designer jacket...etc...believe me, it’s not that complicated. It could be as easy as putting it in their car...so surveillance can track the general movements.


11 posted on 07/08/2011 9:34:17 PM PDT by Rick_Michael (Have no fear "President Government" is here)
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To: Soothesayer9

That is logical and most likely true but his is Friday night.


12 posted on 07/08/2011 9:35:07 PM PDT by ThomasThomas (I am still looking for that box I am supposed to think out of.)
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To: Free Vulcan

“Having recently dealt with the cheating girlfriend...”

Sorry that happened to you. It isn’t a good feeling at all. The right girl is out there for you!


13 posted on 07/08/2011 9:35:14 PM PDT by momtothree
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To: Huntress

from “lipstick on the collar” to “GPS under the bumper”...


14 posted on 07/08/2011 9:35:24 PM PDT by bigbob
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To: momtothree
Is it put onto/into the car somehow?

Sometimes. But most cell phones have GPS unless someone has accidentally used a stereo loupe and minature soldering iron and accidentally disabled the GPS receiver chip. Accidentally, of course. You can accidentally get instructions off the web.

/johnny

15 posted on 07/08/2011 9:38:40 PM PDT by JRandomFreeper (Gone Galt)
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To: ThomasThomas

Some cellphones can be made to do that, just don’t tell them you activated it. lol


16 posted on 07/08/2011 9:38:45 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Huntress

Stalking..with civility.


17 posted on 07/08/2011 9:40:49 PM PDT by Huskrrrr
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To: Free Vulcan
The spouse probably doesn’t like it, but if they hadn’t been cheating then it wouldn’t have came to that.

And if the suspicions are unfounded?

18 posted on 07/08/2011 9:43:18 PM PDT by Teacher317 (really?)
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To: Huskrrrr
Stalking..with civility.

. . . and convenience.

19 posted on 07/08/2011 9:47:54 PM PDT by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: Teacher317

Then I’d say paybacks are hell. If you’re gonna spy on your spouse you better be pretty certain before you make the move because the blowback will probably end the marriage. Not something to be done lightly, but only as a necessity when all the obvious signs are there.


20 posted on 07/08/2011 9:49:03 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: ThomasThomas

Embed it in a three carat diamond.


21 posted on 07/08/2011 9:52:30 PM PDT by Larry Lucido
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To: momtothree

It’s been a long strange trip, but in the end I’ve ended up with a more positive outlook on life. These things have a way of focusing you and fine tuning your radar to a much higher caliber of woman, if you deal with it the right way.


22 posted on 07/08/2011 9:55:07 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Huntress

If you don’t have trust, your marriage is done, anyway.


23 posted on 07/08/2011 9:57:14 PM PDT by texas_mrs
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To: momtothree
The right girl is out there for you!

Glad you didn't point that well-intentioned thought at me. ;)

There is NO room here in this shotgun shack for anyone to move in, and I'm not going anywhere.

Single, celibate, and sane, should be mentioned. It can be a good life.

I can't afford another 'right girl'.

/johnny

24 posted on 07/08/2011 10:01:45 PM PDT by JRandomFreeper (Gone Galt)
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To: Larry Lucido
Embed it in a three carat diamond.

I've bought my last carbon chunk, unless I'm going to burn it in a furnace.

Talk about a scam, diamonds are NOT a guy's best friend.

/johnny

25 posted on 07/08/2011 10:05:07 PM PDT by JRandomFreeper (Gone Galt)
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To: momtothree
The right girl is out there for you!

Incorrect.

26 posted on 07/08/2011 10:06:47 PM PDT by Lazamataz (Until Obama, has there ever been, in history, a Traitorous Ruler?)
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To: JRandomFreeper

Any Android phone has Google Maps with Latitude, which can easily be enabled and joined to another Latitude user. Once visible to each other, you can remotely turn on real time tracking. Mostly it will identify the nearest cell phone tower, giving you only a general location, if it is in a purse or pocket. Out and in use, it will pin down which side of a street a person is standing on.

For those who accidentally disabled the GPS chip, the passive location doesn’t depend upon the GPS, it reads the cell phone tower (which is a known location) as well as those mapped wifi hotspots, which can easily pin someone without GPS down to a two block area.


27 posted on 07/08/2011 10:07:36 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Huntress

“Judge rules use of GPS to track a cheating spouse is not an invasion of privacy “

But using it to track gunwalker guns to illegals is. Oh, goody.


28 posted on 07/08/2011 10:10:54 PM PDT by MestaMachine (Guns don't kill people, the obama administration does. (Gunwalker Ping List))
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To: kingu
Yep. Which is why I leave my cell phone at home when I'm out doing nefarious stuff. I generaly take the 82 yo neighbor's phone when I'm running wild on a weekend. Just kidding, mostly serious. ;)

There is always a way around the watchers.

/johnny

29 posted on 07/08/2011 10:12:29 PM PDT by JRandomFreeper (Gone Galt)
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To: Free Vulcan

Both of my ex-wives cheated.
Most of my ex-GFs cheated.
Not knowing is worse than knowing.
At this point, I trust my instincts, and plan accordingly.
That said, I’d like to find some of these little devices like this for my Sons.


30 posted on 07/08/2011 10:19:00 PM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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To: momtothree

There are different devices that can be concealed in or under the vehicle. There is an older one that had to be placed covertly, then retrieved a few days later & have the data downloaded into a computer. Then, perhaps, replaced. Some of the newer & more expensive ones give real-time locations. Some are also small enough they can be placed in suitcases, etc. They are all subject to discovery.

I had a case that proved the husband was telling the truth & simply reported that to the wife. She regained her trust in her husband. If he had learned that he was being investigated, their relationship clearly would have suffered, so you just don’t tell & hope they don’t find out.


31 posted on 07/08/2011 10:20:29 PM PDT by Strider2
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To: momtothree
I don’t know a lot about these type of devices. Is it put onto/into the car somehow? If so, I guess a vehicle is considered marital property and one person can say yes to having such a device put on it?

Depends on which state, but generally if you're not law enforcement, the RO/registered owner, with your name on the title, you can attach a tracking devise. Or if you own a fleet of vehicles etc, etc...

32 posted on 07/08/2011 10:23:11 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Strider2

From your post.....”so you just don’t tell & hope they don’t find out.”

Isn’t that what the cheater is hoping too!


33 posted on 07/08/2011 10:59:47 PM PDT by proudtobeanamerican1 (A house divided against itself cannot stand.” Abraham Lincoln)
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To: RandallFlagg

NOT KNOWING really is the worst. Seeing overt signs and knowing you are being lied to ..... dude!

A bit of early surveillance can save a marriage.

There are TONS of things and devices.

Verizon phones cannot be spied on. But there are LOTS of things you can do.

Only consider if you are pretty certain things are going on - not just to be an a*s. Really - you had better KNOW something is wrong before you choose this path, and know that a cheater will LIE.

If you are not prepared to show the proof (If not the method) then DO NOT begin the process of surveillance.
It ain’t for the weak of heart.


34 posted on 07/08/2011 11:00:15 PM PDT by Ladysforest
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To: Huntress

ruh roh


35 posted on 07/08/2011 11:13:37 PM PDT by Kevmo (Turning the Party over to the so-called moderates wouldn't make any sense at all. ~Ronald Reagan)
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To: Ladysforest

I hear ya.
In my cases, the subtle changes are what gave them away. Then it was a matter of strategic maneuvering.
I play a LOT of chess.


36 posted on 07/08/2011 11:14:12 PM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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To: Huntress

I can’t see how this could be used as evidence.


37 posted on 07/08/2011 11:48:49 PM PDT by 50gunsalute
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To: texas_mrs

Trust but verify. ;<)


38 posted on 07/08/2011 11:53:48 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: JRandomFreeper

Which is a complete waste of time. Cell tower location usually provides enough damning information.


39 posted on 07/09/2011 12:06:04 AM PDT by Melas (Sent via Galaxy Tab)
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To: doc1019; Psalm 144

hilarious! :-D


40 posted on 07/09/2011 12:18:21 AM PDT by GOP Poet (Obama is an OLYMPIC failure.)
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To: JRandomFreeper

haha. i hear ya. the horse has gotta run. :-).


41 posted on 07/09/2011 12:26:50 AM PDT by GOP Poet (Obama is an OLYMPIC failure.)
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To: Huntress
we're there, folks. past the end. over the edge.

It's not a society any more. Not even a civilization. It's a tribe, and it's governed by superstition and raw power.

42 posted on 07/09/2011 4:12:49 AM PDT by the invisib1e hand (Lovers ARE fighters)
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To: Teacher317
And if the suspicions are unfounded?

I would imagine it would be best to stay mum and be happy. What some, who are against trying to find out, think is that it just an invasion of personal privacy. In the world today, with so many diseases and other potential ramifications of a cheating spouse/mate, I am of the mind it can be looked at as an act of self defense.

43 posted on 07/09/2011 4:35:35 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: Huntress

If you do not want to be tracked, do not get married.

You see, if you are not cohabitating, it becomes illegal to use a gps tracking unit for your girlfriend.

So the answer here is to never get into the institution of marriage


44 posted on 07/09/2011 4:51:05 AM PDT by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: JRandomFreeper
I can't afford another 'right girl'

If you ever get the urge to get married, just find a girl you don't like and buy her a house.

It saves time.

45 posted on 07/09/2011 4:52:36 AM PDT by kidd
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To: JRandomFreeper

Seems like a lot of techno-work for an accident!! I know one Mom in our neighborhood that has a GPS on her teen son’s phone. Not sure how it works (I am technology deficient) but I think I remember that she can pinpoint where he is at all times. Maybe her son has given her problems or concerns. Not sure... I seem to always know where my teen boy is located (school, football practice or in front of the fridge).


46 posted on 07/09/2011 4:54:12 AM PDT by momtothree
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To: Free Vulcan

You have learned “the lesson”, Free Vulcan. (that is what a group of my closest gal friends called it when we were young and single). You start going out with someone because you like them. However, you really value fidelity after something like this happens. (not that you didn’t value it before but you learn that it is a trait that is put on the top ten list). I am so happy that you now have a more positive outlook on life!! Good for you!


47 posted on 07/09/2011 5:01:32 AM PDT by momtothree
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To: Strider2

I hope that she learned something not only about her husband but herself. Any friend that I’ve known who discovered a spouse cheating “knew” for quite a while (deep in their gut). Perhaps some people are neurotically suspicious or overly suspicious because of past experiences? Maybe that ingrain suspicion twists things in your mind. Perhaps when all is said and done, their relationship will be better because his fidelity is confirmed. I hope so!


48 posted on 07/09/2011 5:08:20 AM PDT by momtothree
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To: dragnet2

I can definitely see if you own a fleet of vehicles for a business. You want to know that the person driving the vehicle your company not only purchased but insures is where he or she is suppose to be (not at a bar, for example). Thank you, Dragnet2, I learned something new!


49 posted on 07/09/2011 5:11:42 AM PDT by momtothree
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To: momtothree
However, you really value fidelity after something like this happens.

You're tellin' me!
Man! I was so happy after being married the second time. I thought nothing was better than being with someone who would never break my...

Oh, wait.

Yeah, she did, too.

Oh, well. Live and learn.

(I know I'll take the plunge again, though...Someday)
50 posted on 07/09/2011 5:41:14 AM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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