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New Jersey Court Rules GPS Tracking Not an Invasion of Privacy

A New Jersey Appellate Court ruled on July 7th, 2011 that GPS tracking of one's spouse in a car that they commonly own, is not considered an invasion of privacy in New Jersey.  The suit arose from a contentious divorce case.  In 2007, the wife was suspicious of the husband and his activities.  She hired a private detective agency, that recommended to her that she place a GPS tracking device in the glove compartment of the car being driven by her husband. She did, and the device remained in the glove compartment from July 14th to August 24th, 2007, tracking her husband's wherabouts.

A divorce ultimately was filed, and the husband included a claim against the wife for invasion of privacy, and also sued the private detective agency alleging his privacy was invaded.  The suit against his wife was eventually resolved and dismissed in the divorce action, but the claim against the private detective remained active until the New Jersey Appellate Court ruled that the husband had no right to expect privacy under these circumstances, and dismissed the case finding there was no invasion of privacy.

I am frequently asked by a client whether or not he or she should hire a private detective when that person is contemplating divorce.  Generally speaking, fault in a marriage is not relevant to the economics of a divorce proceeding, and I do not want to see my clients unecessarily spend their money.  Rarely does a private detective ever testify in court in a New Jersey divorce proceeding. However, there are times where, for a variety of reasons, it is important that a spouse have accurate information concerning his or her husband or wife. Often having this information can bring certainty to a client, and be of assistance to the lawyer in addressing other issues.  In those cases I recommend reputable private detective agencies that may assist my clients.

For more information about New Jersey divorce issues please view our main website at http://www.weitzmanlaw.com/Practice-Areas/Divorce.shtml

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