Legal Question in Consumer Law in Florida

tracking devices in leased vehicles

I just bought a truck and the seller put a tracking device in the truck with out telling me. It is not on any of the paperwork that he was going to do that. I found it and removed it. Is it legal


Asked on 8/20/07, 2:02 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: tracking devices in leased vehicles

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am not aware of a specific law on this subject as it is relatively new. Florida statute 934.42 does require an investigative or law enforcement officer to make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device. It does not speak to private parties however. I am sure the intent of the party would be important. If it was there prior and the seller forgot to remove it, then it should not be illegal. If it was done to track you for some reason, then it may be some form of invasion of privacy.

Scott R. Jay, Esq.

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Answered on 8/21/07, 11:58 am


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