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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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