by Connie Thacker 12/11/2018
I think that my wife is having an affair can I track her vehicle and/or cell phone?
Answer: It depends:
Private citizens are allowed to use GPS tracking devices or software only on cars they own or co-own.
If you do not own the vehicle or co-owned the vehicle only Michigan police officer’s, bondsman, and private investigators are exempt from the state law banning individuals from placing GPS devices on cars, they do not own or co-own.
For cell phones, the same general theory applies, the cell phone plan must be in the individual’s name or have both spouses’ names on the account. You may also be able to track another phone through Find My iPhone if you have the iPhone identification and access to the account.
A divorce outside of Michigan made national headlines when the husband used in illegal GPS tracking device on his wife’s car. Using the device, he tracked her movements 99 times during a six-month period. As a result, he was eventually sentenced to eight months in jail on charges of felony stalking.
Please contact Thacker Sleight PC in the event that you are seeking to utilize GPS tracking devices. The unauthorized use of tracking devices can result in criminal charges.