Delaware GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)

Delaware is one of the states that gives you a straight answer on GPS trackers. There is no need to stretch a wiretap law or an old surveillance statute to cover them. Since 2014, Delaware has had a criminal law aimed squarely at putting a location tracker on someone else's car.

That law is 11 Del. C. 1335(a)(8), part of Delaware's violation of privacy statute. Install an electronic or mechanical tracking device in or on a motor vehicle without the consent of the registered owner, lessor, or lessee, and you have committed a Class A misdemeanor. That carries up to a year in jail and a fine of up to $2,300.

This guide walks through what the statute actually says, who is allowed to track a vehicle, how the rules apply to employers, parents, and AirTags, and what to do if you find a tracker stuck to your own car.

Is It Legal to Put a GPS Tracker on a Car in Delaware?

It is legal to put a GPS tracker on a car you own or lease. It is a crime to put one on anyone else's car without the consent of the vehicle's registered owner, lessor, or lessee.

That is the whole framework. Delaware does not ask whether the tracker was cheap or expensive, hidden or visible, hardwired or magnetic. The statute turns on one question: did the person who controls the vehicle on paper agree to the device?

There are two carve-outs. Law enforcement officers may use trackers lawfully; under United States v. Jones, attaching a GPS tracker to a vehicle and monitoring its movements is a Fourth Amendment search. And a parent or legal guardian may install a tracker to follow the location of their minor child. Everyone else needs consent.

Delaware's Vehicle Tracking Law (11 Del. C. 1335(a)(8))

Delaware's violation of privacy statute, 11 Del. C. 1335, lists a series of acts that count as criminal invasions of privacy. Paragraph (a)(8), added in 2014, covers vehicle tracking.

A person is guilty when they knowingly install "an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of said vehicle." The paragraph then states that it does not apply to the lawful use of an electronic tracking device by a law enforcement officer, or to a parent or legal guardian who installs the device to track the location of their minor child.

A few details in that language matter in real cases.

First, the crime is the installation. The state does not have to prove you ever checked the tracker's location history. Sticking the device on the car without consent completes the offense.

Second, "in or on" a motor vehicle covers every common setup: a magnetic tracker under the bumper, a device plugged into the OBD port, and a unit hardwired behind the dash.

Third, consent belongs to the registered owner, lessor, or lessee. If the car is titled in your name, you can consent. If it is titled only in someone else's name, their permission is what counts, no matter how close your relationship is.

A violation of paragraph (a)(8) is a Class A misdemeanor under 11 Del. C. 1335(c). Delaware's sentencing statute, 11 Del. C. 4206, sets the maximum at 1 year of incarceration and a fine of up to $2,300.

Who Can Legally Track a Vehicle in Delaware

Owners, lessors, and lessees. You can track your own car. A rental company or leasing company, as lessor, can put trackers in its fleet. A business can track vehicles it owns or leases, including the ones employees drive. A lienholder that remains the titled owner or lessor of a financed vehicle can also fit within the consent language, which is why some auto lenders install GPS units on financed cars.

Parents and legal guardians of minors. Delaware wrote the parent exception directly into the statute, which many states never did. A parent or legal guardian may install a tracking device to follow the location of their minor child. The exception ends at adulthood. Once your child turns 18, tracking a car registered in their name without consent is no longer protected.

Law enforcement. Officers may use trackers when their use is lawful. The U.S. Supreme Court held in United States v. Jones that attaching a GPS device to a vehicle and monitoring its movements is a Fourth Amendment search.

Not private investigators. Delaware's vehicle tracking statute contains no PI exemption. An investigator hired for a divorce or infidelity case who slips a tracker onto a spouse's separately titled car commits a Class A misdemeanor, and so can the client who hired them, depending on the facts. Delaware's stalking statute does carry its own carve-out for legitimate licensed-investigator work, discussed below, but that exemption sits in a different section and does not make an unconsented vehicle tracker lawful.

One recurring gray area is the jointly titled family car. If both spouses are registered owners, one owner's consent to a tracker complicates any prosecution, because an owner of the vehicle did consent. If the car is titled in one spouse's name alone, the analysis is simple: the other spouse needs permission like anyone else.

Can My Employer Track My Car in Delaware?

It depends on whose car it is.

If you drive a company vehicle, your employer is the registered owner or lessee, so the consent requirement of 1335(a)(8) is satisfied by the employer's own consent. Tracking company fleet vehicles is lawful in Delaware, and it is standard practice in delivery, trades, and field service work.

Your personal car is different. An employer that installs a tracker on a vehicle you own, without your consent, violates 1335(a)(8) just like a stranger would. Employers that want location data from personal vehicles typically use a phone app or a signed agreement instead, and your written consent resolves the statute.

Delaware also has a workplace monitoring notice law, 19 Del. C. 705. It requires employers to give notice before monitoring telephone calls, email, or internet usage, with a civil penalty of $100 per violation. The statute does not expressly mention GPS or vehicle tracking, so its notice duty does not clearly extend to fleet trackers. Careful Delaware employers disclose vehicle tracking in writing anyway.

AirTags and Item Trackers

Apple AirTags, Tiles, and similar item trackers are legal to buy and use in Delaware for their intended purpose: finding your keys, your luggage, or your own car.

Notice what 1335(a)(8) covers, though. It applies to devices installed in or on a motor vehicle. An AirTag dropped into someone's purse, backpack, or coat pocket is not covered by that paragraph. That does not make it legal.

Using any device to repeatedly monitor a person without their consent runs into Delaware's stalking statute, 11 Del. C. 1312. Stalking is a course of conduct, meaning three or more separate incidents, in which a person "by any action, method, device, or means" follows, monitors, observes, or surveys another person, when that conduct would cause a reasonable person to fear injury or suffer significant mental anguish. A hidden AirTag that feeds you someone's location day after day fits that language, and an AirTag slipped into a car's seat pocket can violate both statutes.

The stalking statute has one exemption worth knowing about. Subsection 1312(j) says the section "shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24." So a licensed investigator doing legitimate licensed work is outside the stalking statute, even though the vehicle tracking paragraph in 1335(a)(8) has no such exception and still applies to that investigator.

Stalking is a Class E felony in Delaware, and federal law adds another layer. The federal stalking statute, 18 U.S.C. 2261A, covers using electronic systems to engage in a course of conduct that places a person in fear or causes substantial emotional distress, including across state lines.

Penalties for Illegal GPS Tracking in Delaware

Prosecutors are not limited to one charge. A tracker planted during a campaign of following and harassment can support both the misdemeanor installation count and a felony stalking count.

Civil Lawsuits and Protective Orders

Section 1335 is a criminal statute and does not create its own right to sue. But Delaware courts recognize the privacy tort of intrusion upon seclusion, and secretly tracking someone's movements is the kind of intentional intrusion into private affairs that the tort was built for. A victim can seek damages in civil court, and the tracker itself is powerful evidence.

If the person tracking you is a current or former spouse, partner, household member, or someone you dated, you can petition Delaware Family Court for a Protection From Abuse order. The Delaware courts' PFA process can order the person to stay away from you, stop all contact, and surrender devices, and violating a PFA order is itself a crime that also elevates a stalking charge to a Class D felony.

Outside domestic relationships, report the conduct to police. Criminal no-contact orders can issue as part of a stalking prosecution.

What to Do If You Find a Tracker on Your Car

Stay calm and think about evidence before you think about the device.

1. Photograph it in place. Take pictures of where it sits, how it is mounted, and any visible serial numbers before touching anything.
2. Do not destroy it. The device, its serial number, and the account it is paired to are how police identify who planted it.
3. You may remove it from your own vehicle. It is your car. Removing a device someone else hid on it is not a crime. Many police departments prefer you leave it in place until an officer sees it, so call first if you safely can.
4. Report it. Tell the police you believe someone violated 11 Del. C. 1335(a)(8), and mention any history of following, harassment, or threats, since that pattern supports a stalking charge.
5. Think about safety, not just the device. If you suspect a current or former partner, contact a domestic violence advocate before confronting them, and consider a PFA petition. Call 911 if you are in immediate danger.

If your phone alerts you that an unknown AirTag is traveling with you, follow the alert's instructions to locate it and capture its serial number, then make the same police report.

For the rules on audio and video recording rather than location tracking, see our guide to Delaware recording laws. For camera placement rules at home and work, see surveillance camera laws by state. If you need court protection from someone tracking or following you, start with Delaware restraining order laws. To compare how other states treat trackers, see GPS Tracking Laws by State.

Sources

• 11 Del. C. 1335, Violation of Privacy (Delaware Code Online)
• 11 Del. C. 1312, Stalking (Delaware Code Online)
• 11 Del. C. 4205-4206, Sentences for Felonies and Misdemeanors (Delaware Code Online)
• 19 Del. C. 705, Notice of Monitoring of Telephone, Email and Internet Usage (Delaware Code Online)
• 18 U.S.C. 2261A, Stalking (Cornell Legal Information Institute)
• United States v. Jones, 565 U.S. 400 (2012) (Cornell Legal Information Institute)
• Protection From Abuse Orders (Delaware Family Court)

Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change, and how they apply depends on your specific facts. If you are dealing with a tracking or stalking situation, or facing a criminal charge, talk to a licensed Delaware attorney, and call 911 if you are in immediate danger.

More Delaware Laws

• Delaware Dashcam Laws
• Delaware Data Privacy Laws
• Delaware Drone Laws
• Delaware Employee Monitoring Laws
• Delaware Recording Laws
• Delaware Restraining Order Laws

Frequently Asked Questions

Is it legal to put a GPS tracker on my spouse's car in Delaware?

Only if you are a registered owner or lessee of that car, or your spouse consents. If the car is titled solely in your spouse's name, installing a tracker without their permission is a Class A misdemeanor under 11 Del. C. 1335(a)(8), even during a divorce.

Can parents track their child's car in Delaware?

Yes. Delaware's statute contains an express exception allowing a parent or legal guardian to install a tracking device to follow the location of a minor child. The exception ends when the child turns 18.

Can a private investigator legally put a tracker on a car in Delaware?

No. Delaware's vehicle tracking law has no private investigator exemption. A PI needs the consent of the vehicle's registered owner, lessor, or lessee just like anyone else. Delaware's stalking statute is different: 11 Del. C. 1312(j) exempts conduct in furtherance of the legitimate activities of licensed private investigators, security officers, and private detectives, so a licensed investigator doing legitimate work is outside the stalking statute while still being bound by 1335(a)(8).

Are AirTags illegal in Delaware?

Owning and using an AirTag to track your own belongings is legal. Hiding one to follow a person can be stalking under 11 Del. C. 1312, a Class E felony, and placing one in or on someone's vehicle can also violate 11 Del. C. 1335(a)(8).

Can my employer GPS-track my personal car?

Not without your consent. The employer is not the registered owner, lessor, or lessee of your personal vehicle, so installing a tracker without permission violates 1335(a)(8). Company-owned vehicles are different, and employers may track those.

Do police need a warrant to put a GPS tracker on a car?

In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a vehicle and monitoring its movements is a Fourth Amendment search. The Court did not decide whether that search was reasonable without a warrant, because the government had not raised that argument in the lower courts.

What is the penalty for illegal GPS tracking in Delaware?

Installing a tracker on a vehicle without consent is a Class A misdemeanor punishable by up to 1 year of incarceration and a fine of up to $2,300. If the tracking is part of a pattern of monitoring or following, stalking charges start at a Class E felony with up to 5 years in prison.

Can I remove a GPS tracker I find on my car?

Yes. You may remove a device someone hid on your own vehicle. Photograph it in place first and do not destroy it, because the device and its serial number are the evidence police use to identify who installed it.