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Can I Legally Track My Spouse's Vehicle

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  • 12-12-2013, 04:54 AM
    george roy
    Can I Legally Track My Spouse's Vehicle
    My question involves a marriage in the state of:NY

    I'm not exactly sure if this thread is in the correct section, I'll leave that up to the mods.

    What are the legalities of a GPS Logger ?

    Not a 'real time' GPS, where you could find out where someone (or their vehicle) is at any particular moment.

    I'm referring to the 'logger' types, where you place the device in the vehicle, and have to retrieve the device to find out where the device (vehicle) has been.

    Something like this:

    http://www.bhphotovideo.com/c/produc...g_Key_Pro.html
    http://static.bhphoto.com/images/mul...IMG_164497.jpg

    Any advice, input and suggestions are appreciated.
  • 12-12-2013, 05:21 AM
    SuperPop
    Re: The Legalities of a Gps Logger
    This is a vehicle YOU own or a vehicle someone else owns? This devices doesn't log where SOMEONE is, it logs where THE VEHICLE YOU OWN is. If left in a vehicle you own, i don't see the issue.
  • 12-12-2013, 05:30 AM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting SuperPop
    View Post
    This is a vehicle YOU own or a vehicle someone else owns? This devices doesn't log where SOMEONE is, it logs where THE VEHICLE YOU OWN is. If left in a vehicle you own, i don't see the issue.

    Spouse's vehicle.
  • 12-12-2013, 05:43 AM
    SuperPop
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting george roy
    View Post
    Spouse's vehicle.

    Just to confirm one more time, your name does or does not appear on the title of the vehicle, in addition or without her name, even though she's the primary driver it doesn't mean that you are not on the title. If your name isn't on the title, i wouldn't do it. But, don't take just my word on this, if you a 'insured driver' for that vehicle under the insurance policy, it maybe different.

    I'm not 100% sure, wait for someone else to post.
  • 12-12-2013, 05:58 AM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting SuperPop
    View Post
    Just to confirm one more time, your name does or does not appear on the title of the vehicle, in addition or without her name, even though she's the primary driver it doesn't mean that you are not on the title. If your name isn't on the title, i wouldn't do it. But, don't take just my word on this, if you a 'insured driver' for that vehicle under the insurance policy, it maybe different.

    I'm not 100% sure, wait for someone else to post.

    Thanks, Superpop.

    No, my name does not appear on the title.

    I am an insured driver on this vehicle.

    Any input and suggestions are appreciated.
  • 12-12-2013, 12:35 PM
    george roy
    Can I Legally Track My Spouse's Movements
    My question involves the state of:NY

    I posted a similar thread in another section. Then realized that this may be a better section for it. But I'll leave it up to the mods.

    What are the legalities of a GPS Logger ?

    Not a 'real time' GPS, where you could find out where someone (or their vehicle) is at any particular moment.

    I'm referring to the 'logger' types, where you place the device in the vehicle, and have to retrieve the device to find out where the device (vehicle) has been.

    Any input and advice is appreciated.
  • 12-12-2013, 12:37 PM
    Disagreeable
    Re: The Legalities of a Gps Logger
    What is the purpose? That is likely where violations of law enter.
  • 12-12-2013, 12:51 PM
    llworking
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting Disagreeable
    View Post
    What is the purpose? That is likely where violations of law enter.

    I agree. If mom and dad put a gps device on the car so that they can figure out what their teenager is up to there is going to be no violation.

    If a boyfriend or girlfriend puts a gps device on a car owned by their significant other, in order to spy on them, that a whole 'nuther story.
  • 12-12-2013, 01:01 PM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting llworking
    View Post
    I agree. If mom and dad put a gps device on the car so that they can figure out what their teenager is up to there is going to be no violation.

    If a boyfriend or girlfriend puts a gps device on a car owned by their significant other, in order to spy on them, that a whole 'nuther story.

    Husband placing a GPS logger on wife's car.

    Titled to her.

    Joint insurance (we can drive each other's cars).

    I can find information about 'real time' GPS devices. Where you know where the vehicle IS.

    But nothing in regards to data loggers. Where the vehicle WAS.

    Hoping the members here can help.
  • 12-12-2013, 01:04 PM
    free9man
    Re: The Legalities of a Gps Logger
    Again, what is it's purpose?
  • 12-12-2013, 01:04 PM
    llworking
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting george roy
    View Post
    Husband placing a GPS logger on wife's car.

    Titled to her.

    Joint insurance (we can drive each other's cars).

    I can find information about 'real time' GPS devices. Where you know where the vehicle IS.

    But nothing in regards to data loggers. Where the vehicle WAS.

    Hoping the members here can help.

    Really, seriously BAD idea.
  • 12-12-2013, 01:06 PM
    Disagreeable
    Re: The Legalities of a Gps Logger
    You don't need a GPS logger. You need to reaffirm the trust and commitment of your relationship or spend the $150 on a do it yourself divorce kit.
  • 12-12-2013, 01:08 PM
    SuperPop
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting Disagreeable
    View Post
    You don't need a GPS logger. You need to reaffirm the trust and commitment of your relationship or spend the $150 on a do it yourself divorce kit.

    Check this members Posting history, unfortunately, they are way beyond the $150 divorce kit. He is at the starting gates of a race/war.
  • 12-12-2013, 01:10 PM
    Disagreeable
    Re: The Legalities of a Gps Logger
    Oh yeah, this guy. Remember War of the Roses?

    Quote:

    Quoting SuperPop
    View Post
    Check this members Posting history, unfortunately, they are way beyond the $150 divorce kit. He is at the starting gates of a race/war.

  • 12-12-2013, 01:17 PM
    llworking
    Re: The Legalities of a Gps Logger
    George,

    How do you think its possibly going to help your situation with your divorce if you put a gps logger on your wife's car?

    You need to focus on the fact that you have been the primary caregiver to your children and let the rest go.
  • 12-12-2013, 01:24 PM
    SuperPop
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting Disagreeable
    View Post
    Oh yeah, this guy. Remember War of the Roses?

    He's been given access to one of the best, if not the best, divorce guides available, it may start out as the War of the Roses, but, in the end, everything will work out.

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    George,

    How do you think its possibly going to help your situation with your divorce if you put a gps logger on your wife's car?

    You need to focus on the fact that you have been the primary caregiver to your children and let the rest go.

    I agree, NY is a no fault divorce state, proving she's screwing around doesn't mean anything to the courts. All it will do is get you MORE upset and throw off your focus.
  • 12-12-2013, 01:36 PM
    Dogmatique
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting SuperPop
    View Post
    He's been given access to one of the best, if not the best, divorce guides available, it may start out as the War of the Roses, but, in the end, everything will work out.

    - - - Updated - - -



    I agree, NY is a no fault divorce state, proving she's screwing around doesn't mean anything to the courts. All it will do is get you MORE upset and throw off your focus.



    Not so fast. While New York now enjoys the ease of a no-fault divorce, you can still obtain an "at fault" divorce and that's when things can get hairy.

    While technically, fault does not generally enter the equation when dealing with New York's "equitable distribution" of the wealth, some courts have held that actions affecting the marital estate can be used as part of the determination.
  • 12-12-2013, 04:00 PM
    llworking
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting Dogmatique
    View Post
    Not so fast. While New York now enjoys the ease of a no-fault divorce, you can still obtain an "at fault" divorce and that's when things can get hairy.

    While technically, fault does not generally enter the equation when dealing with New York's "equitable distribution" of the wealth, some courts have held that actions affecting the marital estate can be used as part of the determination.

    It really doesn't appear that there is much of a "marital estate"...I think that this is all about the children. Therefore I think he is making a huge mistake not to simply focus on the fact that he has been the primary caretaker for the children. I think that someone has given him the idea that proving that his wife is not a good wife will somehow help him gain primary custody of the children...and that is a fallacy.
  • 12-12-2013, 04:06 PM
    aardvarc
    Re: The Legalities of a Gps Logger
    And the minute he tells the court that he spies on his wife, the court is going to be VERY open to mom's requests for things like the child not being able to do things like bring a phone (another spying device) to visitation, and all sorts of other problems. If you're in the position of primary caretaker, THAT is where your focus should be. Outing yourself to the court as subversive or having "dirty hands" is going to take the judge's view of you down a path you don't want. Be the clean shaven guy in the white hat fighting the clean fight, it's an easier win than being the jackass with the 5 o'clock shadown and the eyepatch.
  • 12-12-2013, 04:23 PM
    jk
    Re: The Legalities of a Gps Logger
    he isn't even a titled owner of the car and they are in the throws of a divorce.



    a really really bad idea. I haven't checked but if NY has any sort of invasion of privacy laws, this would likely fit the bill for violating the law.
  • 12-12-2013, 05:22 PM
    george roy
    Re: The Legalities of a Gps Logger
    Yes, of course, this is all about the children now.

    That said, I should clarify a couple of things.

    I am filing for 'no fault'. Easier. No drama involved.

    What I will say is that a $150 investment (and a little time) made the decision to file much easier.

    Ideally, 'no fault' makes the gears run smooth. And this information sits unused.

    But if things should take a dark turn, would this information be an asset, or a detriment ?

    This wouldn't be a question to ask the attorney, because I don't know what he's obligated to share.

    Any input and advice is appreciated.
  • 12-12-2013, 05:31 PM
    LawResearcherMissy
    Re: The Legalities of a Gps Logger
    Quote:

    But if things should take a dark turn, would this information be an asset, or a detriment ?
    Did you miss all the advice about the judge getting irritated by your spying?

    It would be detrimental. Knock it off.
  • 12-12-2013, 05:31 PM
    geek
    Re: The Legalities of a Gps Logger
    Have you considered hiring a private investigator? I just don't know that a gps will be useful for your purpose. Plus, as others have mentioned, if it is discovered...

    Perhaps you should focus on the no-fault divorce.
  • 12-12-2013, 05:36 PM
    mmmagique
    Re: The Legalities of a Gps Logger
    Just follow "the list" and everything will be peachy.

    *rolls eyes*
  • 12-12-2013, 06:07 PM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting geek
    View Post
    Have you considered hiring a private investigator? I just don't know that a gps will be useful for your purpose. Plus, as others have mentioned, if it is discovered...

    Perhaps you should focus on the no-fault divorce.

    Thank you all for your input and advice.

    Yes, I am focused on the no-fault. And the children.

    The device has since been removed.

    The device had been very helpful as far as my making a decision.

    My question was more in regards to whether or not the information from that device would beneficial in the future.
  • 12-12-2013, 07:57 PM
    jk
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting george roy
    View Post

    My question was more in regards to whether or not the information from that device would beneficial in the future.

    sure, for her.
  • 12-13-2013, 09:34 AM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting jk
    View Post
    sure, for her.

    Then while it was helpful in the decision to file, the device has outlived is usefulness for the moment.

    However, if things take an ugly turn, the information may prove useful at some point.

    If she claims to the attorney's that she was at work during those times (which is what her claims have been), then my attorney and I will know where to focus when (if ?) payroll or time sheets need to be subpoenaed. Without exposing my information. The gaps will be evident.

    I'll be keeping the information in my war chest for now.
  • 12-13-2013, 09:36 AM
    jk
    Re: The Legalities of a Gps Logger
    I'm not chasing law but there is a good possibility what you did was unlawful and possible illegal. It's never smart to admit to being a criminal to an officer of the courts
  • 12-13-2013, 12:30 PM
    george roy
    Re: The Legalities of a Gps Logger
    Quote:

    Quoting jk
    View Post
    I'm not chasing law but there is a good possibility what you did was unlawful and possible illegal. It's never smart to admit to being a criminal to an officer of the courts

    Everything I've read on the subject is a 'grey area'. And I can't really ask the attorney, as I don't know what he's obligated to share.

    And that's if this even GETS that far where it might have to be considered to be used.

    Which I don't think it will. We're in a 'no fault' state.

    The device was useful to me in making a decision. And at this point, for nothing more.
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