Is It Legal to Put a GPS Tracker on Your Spouse’s Car in Minnesota?

Jan 30 2026 22:00

Many people going through a divorce or relationship conflict ask: Can I legally put a GPS tracker on my spouse’s car in Minnesota?
In most situations, the answer is no —and doing so can lead to serious criminal and civil consequences.

Minnesota law places strong protections on personal privacy. Secretly tracking your spouse’s location, even if you are married or jointly own property, can violate state and federal law.

Minnesota Laws on GPS Tracking and Privacy

Minnesota does not have a single statute labeled “GPS tracking law,” but placing a tracking device on a vehicle without consent may violate multiple Minnesota statutes, including laws related to:

  • Interference with privacy(Minn. Stat. § 609.746)

  • Stalking

  • Harassment

  • Domestic abuse–related conduct

Minnesota courts focus on:

  • Whether consent was given

  • Whether the tracking was secret or deceptive

  • Whether the conduct caused fear, intimidation, or control

  • Whether the tracked person had a reasonable expectation of privacy

Even if the device only tracks location and does not record audio, the physical act of placing the tracker can still be illegal in Minnesota.

Does Vehicle Ownership Matter in Minnesota?

Vehicle ownership is an important factor—but it does not automatically make GPS tracking legal.

 

Car Titled Only in Your Name

If the vehicle is titled solely in your name, you may argue you are monitoring your own property. However, Minnesota courts often look beyond ownership and examine why the tracker was placed. Using a GPS device to monitor a spouse’s movements may still be considered an invasion of privacy.

 

Jointly Owned Vehicle

Joint ownership does not guarantee that GPS tracking is legal in Minnesota. Courts may consider:

  • Who primarily uses the vehicle

  • Whether the tracking was hidden

  • Whether the conduct violated the other spouse’s privacy

If the car is used almost exclusively by your spouse, placing a tracker may still be unlawful—even if your name is on the title.

 

Vehicle Owned Only by Your Spouse

If the vehicle belongs solely to your spouse, placing a GPS tracker without consent is almost always illegal in Minnesota. This can be treated as:

  • Trespass

  • Interference with privacy

  • Stalking or harassment

GPS Trackers That Record Audio: Minnesota and Federal Law

 

Minnesota is a one-party consent state for audio recordings—but that does not make GPS devices with microphones safe or legal.

If a GPS tracker records conversations inside a vehicle:

  • It may violate Minnesota wiretapping laws

  • It may violate the Federal Wiretap Act

  • Vehicle occupants typically have a reasonable expectation of privacy

Illegal audio recording can result in felony charges, even if the device was intended only for location tracking.

Criminal and Civil Penalties for Illegal GPS Tracking in Minnesota

 

Placing a GPS tracker on your spouse’s car illegally can lead to:

  • Criminal charges(misdemeanor, gross misdemeanor, or felony)

  • Orders for Protection (OFPs) or Harassment Restraining Orders (HROs)

  • Civil lawsuits for invasion of privacy

  • Financial damages, attorney’s fees, and court costs

Hiring a private investigator does not protect you from liability. If it is illegal for you to place the tracker, it is also illegal for an investigator to do it on your behalf.

Using GPS Tracking Evidence in a Minnesota Divorce

 

Many spouses consider GPS tracking to gather evidence for divorce or custody disputes. In Minnesota, this strategy often backfires.

Minnesota family court judges may:

  • Exclude illegally obtained GPS evidence

  • View secret tracking as controlling or abusive behavior

  • Question the credibility of the spouse who placed the tracker

This can negatively affect:

  • Property division

  • Spousal maintenance

  • Parenting time and custody determinations

Even when evidence is technically admissible, judges often disapprove of surveillance tactics that escalate conflict or violate privacy.

Minnesota Divorce and GPS Tracking: Key Takeaway

 

In Minnesota, secretly placing a GPS tracker on your spouse’s car is legally risky and frequently illegal, especially during separation or divorce.

The legal consequences—criminal charges, restraining orders, and damage to your divorce case—usually outweigh any potential benefit.

Before taking action, consult an experienced Minnesota family law attorney who can advise you on lawful alternatives and protect your rights.