In the digital age, the ability to know exactly where a vehicle is at any given moment has become more accessible than ever. Whether you are dealing with a suspected unfaithful spouse, a high-stakes child custody battle, or a business owner protecting a fleet of expensive assets, the allure of a $50 GPS tracker or an AirTag from a local big-box store in Dallas or Fort Worth is strong.
However, before you tuck that tracker under a bumper in the parking lot of a North Texas shopping center, you need to understand one thing: Texas GPS tracking laws are a legal minefield. What feels like a simple step to find the truth could actually land you in a jail cell in Tarrant County or Collin County before the week is out.
At Armstrong Investigations, PLLC, we believe that information is power: but only if that information is gathered legally and is admissible in court. In this guide, we’ll break down the complexities of Texas Penal Code Section 16.06 and explain why professional oversight isn't just a luxury: it’s a legal necessity.
The Foundation: Texas Penal Code Section 16.06
In Texas, the law regarding GPS tracking is primarily governed by Texas Penal Code § 16.06, titled "Unlawful Installation of Tracking Device."
The law is straightforward but strict: A person commits an offense if they knowingly install an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
What is the Penalty?
Violating this law isn't a simple slap on the wrist. In the State of Texas, the unlawful installation of a tracking device is a Class A Misdemeanor. If convicted, you could face:
- Up to one year in county jail (such as the Dallas County or Denton County jails).
- A fine of up to $4,000.
- A permanent criminal record that could impact your employment and civil rights.
Furthermore, any evidence you gather through an illegal tracker is almost certainly inadmissible in a Texas courtroom. If your goal is to win a child custody case or secure Temporary Spousal Support, using an illegal tracker is the fastest way to sabotage your own legal strategy.
The "Owner" Myth: Why DIY is Dangerous
One of the most common misconceptions we hear at Armstrong Investigations, PLLC is: "It’s a community property state, so I can track the car my spouse drives."
This is a dangerous assumption. Under Texas law, "ownership" for the purpose of the GPS statute is often tied to whose name is on the title or the lease agreement. If you and your spouse are going through a divorce and you place a tracker on a vehicle that is solely in their name: even if you paid for it: you are likely breaking the law.
Even if the vehicle is in both names, the issue of "effective consent" becomes a legal gray area that can be easily exploited by opposing counsel. When you act as a DIY investigator, you lack the professional distance and the licensing protections that keep an investigation on the right side of the law.
The Private Investigator Advantage
This is where the expertise of a professional private investigator in Dallas or a private investigator in Fort Worth becomes invaluable.
Texas law provides a specific affirmative defense for licensed private investigators under Chapter 1702 of the Texas Occupations Code. However, this isn't a "get out of jail free" card. Even as professionals, we must follow strict protocols to ensure every track we perform is legal.
How We Protect You
When you hire Armstrong Investigations, PLLC, we don’t just slap a tracker on a car and hope for the best. We perform a rigorous legal check before any surveillance begins:
- Verification of Ownership: We verify the legal owner or lessee of the vehicle.
- Written Consent: We ensure we have proper written consent from the vehicle owner.
- Property Access Laws: We are careful about where and how a tracker is installed. Entering a private garage in a residential area of Plano or Rockwall without permission can lead to trespassing charges, regardless of the tracker’s legality.
- Admissible Reports: Our tracking data is integrated into professional investigative reports that are designed to stand up to the scrutiny of judges and legal professionals in DFW courtrooms.
GPS Tracking in DFW Divorce and Family Law
GPS tracking is most frequently requested in family law matters. Whether you are in Dallas, Tarrant, Collin, or Denton County, the stakes in these cases are incredibly high.
In 2015, the Obergefell v. Hodges decision changed the landscape for same-sex couples, ensuring they are treated exactly the same as opposite-sex couples in all Texas family law issues. Whether you are in a same-sex or opposite-sex marriage, the rules regarding privacy and tracking remain consistent.
If you suspect infidelity, a GPS tracker is a powerful tool to establish patterns of behavior. However, it must be used in conjunction with other surveillance methods. A GPS tracker tells you where a car is, but it doesn't tell you who is in the car or what they are doing. At Armstrong Investigations, PLLC, we use tech-forward surveillance to bridge that gap, providing visual evidence that complements the digital data.
Corporate Fleet and Employee Tracking
Business owners in the DFW Metroplex: from logistics companies in Johnson County to corporate offices in Irving: often use GPS to manage their fleets.
If your company owns or leases the vehicles, you generally have the right to track them. However, transparency is key. We often advise businesses to include GPS tracking disclosures in their employee handbooks. This mitigates the risk of invasion-of-privacy lawsuits and ensures that the data gathered can be used in disciplinary actions or to defend against fraudulent insurance claims.
The Risks of "Electronic Stalking"
In recent years, North Texas law enforcement has become increasingly aggressive in prosecuting what is known as "electronic stalking." If a tracker is used to harass, annoy, or alarm someone, it could trigger additional charges beyond the GPS statute.
This is especially true in cases involving ex-partners or estranged spouses in the North Texas area. Using technology to monitor someone's movements without a legitimate, legal investigative purpose is a fast track to a protective order and criminal charges.
Why Experience and Licensing Matter
Jasen A. Armstrong, J.D., graduated from the Oklahoma City University School of Law, bringing a deep understanding of the legal frameworks that govern our work. This academic background, combined with years of field experience in the DFW area, ensures that Armstrong Investigations, PLLC operates with a level of precision that DIYers and less-experienced firms simply cannot match.
When you are looking for the truth in Dallas, Fort Worth, or any of the surrounding counties like Ellis, Kaufman, or Rockwall, you shouldn't have to worry about whether your investigator is breaking the law. Experience and licensing are your best defenses against legal complications.
Conclusion: Get the Truth, Stay Protected
If you believe you need GPS tracking to solve a personal or professional matter, don't take the risk of doing it yourself. The cost of a Class A Misdemeanor and a ruined legal case far outweighs the cost of hiring a professional.
Whether you need help with a private matter, a corporate investigation, or a complex legal case, we are here to provide the intelligence you need: legally and discreetly.
Ready to find out the truth? Contact us today to discuss your situation and discover how we can help.
Jasen A. Armstrong, J.D.
Armstrong Investigations, PLLC
P: 214-851-3800 | W: armstronginvestigations.com
Texas DPS Lic. #: 166353101 | Affiliated with TCS Consulting (TX DPS Lic. #: C20493) & Howard Law, PLLC