Can I Use Spy Tech During My Maryland Divorce?
Technology represents a major problem for lawyers who have to practice law in the age of social media. Tracking technology is also an issue. It might be tempting for you to spy on your partner using tracking technology to get information about their whereabouts and communications. Tracking devices are very easy to get hold of nowadays. They can provide you with evidence that your spouse is cheating. But should you use this technology? In this article, the Bel Air, MD, divorce lawyers at Schlaich & Thompson, Chartered will discuss spy tech and its legality.
Should you use a GPS tracker to catch a cheating spouse?
A GPS device may sound like a good option to catch a cheating spouse. But using these devices during or preceding a divorce case can backfire on you. Maryland law may make the evidence inadmissible because it was illegally obtained. Furthermore, you might actually be breaking the law by using these devices. You could get charged with stalking.
GPS trackers on vehicles
Using a global positioning system (GPS) on your spouse’s vehicle can help you find out if they are where they said they were going to be. However, it’s important to understand that Maryland is a “two-party” consent state. That means that one person cannot legally record or intercept another person’s private communications without their knowledge and consent. GPS trackers fall into a category of tech devices that are subject to Maryland’s Wiretap Act.
If you use GPS to track a person who isn’t aware of what you’re doing, or has not consented to be tracked, you may also be violating state laws aimed at curbing stalking, harassment, and the invasion of privacy. Evidence that is obtained illegally will not be admissible in court. You could technically catch your spouse cheating, and not be able to present that evidence at trial. The court may even tax you for the improper use of technology. You could face criminal penalties as well.
When can I place a GPS tracker on a vehicle?
You can place a GPS tracker on your own vehicle. No one will stop you. Additionally, you can place a GPS tracker on a vehicle that you and your spouse jointly own. However, if the title is in your spouse’s name, it would be illegal to place the tracking device on the vehicle. Even so, there is no guarantee that the court would accept this evidence unless your spouse was aware of the tracker.
Private investigators cannot place tracking devices on anyone’s car. They can follow them around in public, as individuals do not have a “reasonable expectation of privacy” in public.
Talk to a Bel Air, MD, Divorce Lawyer Today
The Bel Air divorce lawyers at Schlaich & Thompson, Chartered, represent the interests of Maryland residents who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.
