Using Tracking Devices on Vehicles in Tennessee Family Law Cases
If you are in divorce litigation, custody litigation, or are expecting to be involved in litigation, you may have the idea to put a tracking device on the car of your spouse, ex-spouse, or whoever you want to keep tabs on. You should think twice about doing this because you could face legal consequences, and your case could be negatively impacted by this decision.
It is a violation of Tennessee law to place and use an electronic tracking device on a motor vehicle in most circumstances. Specifically, Tennessee Code Annotated Section 39-13-606 states that:
(a)(1)(A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.
(B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle.
Tennessee law is clear on the requirements to place a tracking device on a motor vehicle. All owners, or all lessees, of the vehicle must give consent to place a tracking device on the vehicle. “Owner” has a pretty broad reach. An “owner” can include a person who purchased the vehicle using a loan, and a person who purchased the vehicle outright with no financing.
There are some very limited exceptions to this law, however. T.C.A. § 39-13-606(b)(2) states that a parent or legal guardian who owns or leases the vehicle can install, conceal, or place an electronic tracking device on a motor vehicle, without being in violation of Tennessee law, solely for the purpose of monitoring the minor child or to monitor the parent or legal guardian when the child is an occupant of the vehicle.
In light of these exceptions, you should be careful when considering installing or using an electronic tracking device on a vehicle. An electronic tracking device can include a traditional GPS tracking device you would install or affix to a car, an Apple Airtag, or even a cellphone through location sharing settings or applications. Compliance with the narrow exceptions to the law may be difficult and you run the risk of violating the law if you affix a tracking device to a vehicle used to transport the minor children, but someone else uses the vehicle without the children. A violation of this law is a Class A misdemeanor, which can carry a penalty of up to 11 months and 29 days in jail, and/or up to $2,500.00 in fines.
If you are engaged in divorce or custody litigation, or are expecting to be engaged in such litigation, you should check your car for any tracking devices. You should also check certain applications on your phone to see if you are sharing your location with your spouse or ex-spouse. Common location sharing applications include Life360, FindMyFriends, and Snapchat. Continuing to share your location with the opposing party in litigation could be considered as continuing to give consent to be tracked. It is best to cease sharing your location through phone settings or applications until you have consulted with an attorney on the issue.
