Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?
If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it would not be admissible? Has this been litigated by SCOTUS?
A: It is not illegal for a PI to place a tracking device on a car that the client owns or that is in a public place. It is admissible in custody cases and not the same as a criminal case.
A: It is not illegal for a private citizen, which is what a private investigator is, to put a GPS tracking device on a vehicle in Georgia as long as it does not damage the vehicle and is not used to stalk or harass. The police are "state actors." Thus, the 4th Amendment's prohibition against unreasonable searches and seizures applies to the police. However, private citizens are not state actors. Therefore, the 4th Amendment does not constrain private actors. Some states have legislatively barred the use of GPS tracking devices by private citizens. However, Georgia is not one of them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
