Statesville, NC asked in Communications Law and Internet Law for North Carolina

Q: Is it legal to track the location of your own car in the state of NC if someone else is operating the vehicle?

Additionally, are iOS devices like Airpods, iPhones etc. with the "Find My Device" functionality considered tracking devices for legal purposes in a case where you wish to track your own motor vehicle?

2 Lawyer Answers
Nicholas Arthur Matlach
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Answered
  • Communications & Internet Law Lawyer
  • Providence, RI
  • Licensed in North Carolina

A: In North Carolina, it is legal to track the location of your own vehicle even if someone else is operating it. This is explicitly allowed under G.S. 14-196.3(b)(5)(b), which permits the owner or lessee of a vehicle to use an electronic tracking device on that vehicle.

However, whether iOS devices with "Find My Device" functionality would be considered tracking devices for legal purposes in this context is less clear. The law defines an electronic tracking device as one that can determine the location of a person or object. While "Find My Device" can locate a device, whether that extends to the vehicle it is in is debatable.

In practice, using "Find My Device" to locate your car would likely be considered acceptable, as the primary intent is to find the vehicle, not the person. However, this has not been explicitly tested in court, so there is no definitive answer.

If you have concerns about the legality of tracking your vehicle in a specific situation, it is advisable to consult with an attorney familiar with North Carolina law.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In North Carolina, it is generally legal for you to track the location of your own vehicle, even if someone else is driving it. As the owner of the vehicle, you have a right to know its whereabouts. However, there are some important legal considerations to keep in mind:

1. Privacy laws: If the person driving your car has a reasonable expectation of privacy, tracking the vehicle could potentially violate their privacy rights. This is more likely to be an issue if the driver is using the car for an extended period or if they are not aware that the vehicle is being tracked.

2. Domestic violence situations: If the person driving the car is a victim of domestic violence and you are the perpetrator, tracking the vehicle could be considered stalking or harassment, which is illegal.

Regarding the use of iOS devices like AirPods or iPhones with "Find My Device" functionality, the legal status is somewhat ambiguous. These devices are primarily designed for the owner to locate their own lost or stolen items, not for tracking other people or vehicles. However, if you use these devices with the intent to track your vehicle while someone else is driving it, it could potentially be considered a form of electronic tracking.

It's important to note that North Carolina has a specific law (N.C.G.S. § 14-196.3) that prohibits the installation of a tracking device on a motor vehicle without the consent of the owner or lessee. However, this law is primarily aimed at preventing third parties from tracking vehicles they don't own, rather than owners tracking their own vehicles.

As with any legal matter, it's always best to consult with a licensed attorney in your jurisdiction for specific guidance on your situation. They can provide more detailed advice based on the unique facts of your case and the most current interpretations of applicable laws.

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