Tennessee
Tennessee GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Tennessee GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Tennessee answers this question with a specific criminal statute. Under Tenn. Code Ann. 39-13-606, knowingly installing, concealing, placing, or using an electronic tracking device in or on a motor vehicle without the consent of all owners, for the purpose of monitoring or following an occupant, is a Class A misdemeanor.
That phrase "all owners" does a lot of work. Tennessee is stricter than many states here: if a car is titled to two people, one of them cannot lawfully hide a tracker to monitor the other, even though their own name is on the title.
The statute also has a separate rule for leased vehicles, a short list of exceptions, and a notable gap: it only covers motor vehicles. This guide walks through all of it, including what happens when an AirTag ends up in a bag instead of under a bumper. For other states, see GPS Tracking Laws by State.
Information last verified on June 10, 2026. This article has not yet been reviewed by a licensed attorney.
Is It Legal to Put a GPS Tracker on a Car in Tennessee?
Only with the consent of every owner of the vehicle. In practice, that means you can track a car that is titled solely in your name, and you can track anyone else's car only if all of its owners agree.
What you cannot do is hide a tracker on someone else's vehicle to keep tabs on them. That includes a boyfriend's truck, an ex-wife's SUV, and, importantly, a car you co-own with the person you want to monitor.
The purpose element matters too. The offense targets tracking done to monitor or follow an occupant of the vehicle. Tracking your own solely owned car to find it in a parking garage is not what the statute is aimed at.
If you are thinking about using a tracker in a divorce, custody fight, or suspected-cheating situation, keep reading. Those are exactly the scenarios where Tennessee's all-owners rule trips people up.
Tennessee's Vehicle Tracking Law (39-13-606) and the All-Owners Rule
T.C.A. 39-13-606 sits in the invasion-of-privacy part of Tennessee's criminal code. The offense has three core elements: knowingly installing, concealing, placing, or using an electronic tracking device in or on a motor vehicle, without the consent of all owners of the vehicle, for the purpose of monitoring or following an occupant or occupants.
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The all-owners rule is the part that surprises people. In many states, a person who appears on the title can consent on their own and track the car freely. Tennessee says no: every owner has to consent. A husband who puts a tracker on the jointly titled family minivan to follow his wife has a real criminal exposure problem, even though he owns the van too.
The statute also speaks directly to leases. A lessor, meaning the company or person who leases a vehicle to someone else, cannot install or use a tracking device on that vehicle without the lessee's consent. The driver who holds the lease is the one whose permission counts.
Two definitions round out the law. The statute's definition of "owner" reaches people who are still paying for a vehicle under a loan agreement, which closes the door on a lender or dealer claiming it can track a financed car without the borrower's consent simply because it holds a lien. And "person" excludes the vehicle's manufacturer, so factory telematics systems like OnStar do not violate the statute by existing.
The General Assembly has amended this statute over the years, including changes in recent sessions that sharpened the lease and loan-purchaser language. Because Tennessee publishes its official code through a third-party legal database, always check the current text before relying on a specific clause.
Who Can Legally Track a Vehicle in Tennessee
The statute lists a handful of situations where tracking is allowed:
- Law enforcement. Officers can use tracking devices in furtherance of a criminal investigation when they comply with state and federal law. After the U.S. Supreme Court's decision in United States v. Jones (2012), attaching a GPS device to a suspect's car is a Fourth Amendment search, so police generally need a warrant.
- Parents and guardians. A parent or legal guardian who owns or leases the vehicle can use a tracker solely to monitor their minor child when the child is an occupant. Note both requirements: the parent must own or lease the car, and the child must be a minor.
- Stolen property. Devices used to track stolen goods being transported in a vehicle, or to locate the vehicle itself if it is stolen, are permitted.
- Manufacturers. Factory-installed systems are outside the statute because the manufacturer is not a "person" under the law.
Just as notable is who is missing from this list. Tennessee gives no exception to private investigators. A PI who plants a tracker on a vehicle without all owners' consent commits the same misdemeanor as anyone else, and hiring a PI does not launder the act for the client. There is also no general carve-out for lienholders or repossession companies.
Can My Employer Track My Car in Tennessee?
It depends on whose car it is. If your employer owns or leases the vehicle you drive, the company is the owner whose consent counts, and it can lawfully put GPS on its own fleet. That is how most delivery, trucking, and service businesses operate.
Your personal car is a different story. An employer that hides a tracker on a vehicle you own, without your consent, runs into 39-13-606 like anyone else would.
Tennessee has no statute requiring employers to give written notice before GPS-tracking company vehicles, unlike a few states that mandate disclosure. Many employers disclose anyway in handbooks, both for morale and to head off privacy claims.
Workplace monitoring usually involves more than location data. If your employer also records calls or video, see our guide to Tennessee recording laws and the rules for surveillance camera laws.
AirTags and Item Trackers: What If the Tracker Is Not on a Car?
T.C.A. 39-13-606 covers motor vehicles only. An AirTag, Tile, or SmartTag dropped into a purse, coat pocket, or backpack falls outside the vehicle-tracking statute.
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That does not make it legal. Tennessee prosecutors charge person-focused tracking as stalking under T.C.A. 39-17-315, which criminalizes a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. Repeatedly monitoring someone's movements with a hidden tracker fits that definition, and stalking escalates to felony grades when aggravating factors apply.
Federal law adds another layer. The interstate stalking statute, 18 U.S.C. 2261A, expressly reaches anyone who uses an electronic communication service or electronic system to engage in a course of conduct that places a victim in fear or causes substantial emotional distress. Federal prosecutors have used it in GPS and AirTag cases that cross state lines.
Penalties for Illegal GPS Tracking in Tennessee
| Conduct | Charge | Penalty |
|---|---|---|
| Tracking device on a vehicle without all owners' consent (T.C.A. 39-13-606) | Class A misdemeanor | Up to 11 months, 29 days in jail and a fine of up to $2,500 |
| Tracking a person as part of a stalking course of conduct (T.C.A. 39-17-315) | Class A misdemeanor | Up to 11 months, 29 days in jail; aggravated stalking is a Class E felony and especially aggravated stalking a Class C felony |
| Interstate stalking using an electronic tracking system (18 U.S.C. 2261A) | Federal felony | Up to 5 years in federal prison, more if the victim is injured |
A Class A misdemeanor is the most serious misdemeanor grade in Tennessee. Beyond jail and the fine, a conviction creates a criminal record that surfaces in background checks, and judges in divorce and custody cases take secret tracking seriously when weighing credibility and parenting decisions.
Civil Lawsuits and Orders of Protection
The criminal statute does not create its own right to sue, but Tennessee tort law fills the gap. The Tennessee Supreme Court recognized the privacy tort of intrusion upon seclusion in Givens v. Mullikin (2002), which covers intentional intrusions into someone's private affairs that would be highly offensive to a reasonable person. Secret GPS surveillance is a textbook fit, and a successful plaintiff can recover damages.
Victims who fear for their safety can also petition for an order of protection under T.C.A. 36-3-601 and the sections that follow. Tennessee's order of protection statute covers victims of stalking as well as domestic abuse, so you do not need a domestic relationship with the person tracking you. Courts can order the respondent to stop all contact and surveillance, and violating the order is itself a crime.
The Tennessee Administrative Office of the Courts publishes free standardized petition forms. For the broader process, see our guide to Tennessee restraining order laws.
What to Do If You Find a Tracker on Your Car
- Do not destroy it. The device is evidence, and in rare cases it belongs to law enforcement. Photograph it where you found it before touching anything.
- Document everything. Note the date, time, location on the vehicle, and any serial numbers. Save AirTag alerts or unknown-tracker notifications from your phone.
- Call the police. Report it to your local department or sheriff. Ask for a report number even if officers cannot identify the owner immediately.
- Get a professional sweep. A mechanic or counter-surveillance specialist can check wheel wells, bumpers, the OBD port, and wiring for additional devices.
- Consider an order of protection. If you suspect an ex-partner or stalker, the order of protection process described above can bar further tracking.
- Talk to a lawyer if litigation is pending. If you are in a divorce or custody case, your attorney may want the tracker preserved and disclosed rather than quietly removed.
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Sources
- Tennessee Code Annotated, Title 39 (official Lexis-hosted edition), Tennessee General Assembly
- Givens v. Mullikin, 75 S.W.3d 383 (Tenn. 2002), Tennessee Supreme Court opinion
- Order of Protection forms, Tennessee Administrative Office of the Courts
- Order of Protection Act benchcard (T.C.A. 36-3-601 et seq.), Tennessee General Assembly archives
- United States v. Jones, 565 U.S. 400 (2012), Legal Information Institute, Cornell Law School
- 18 U.S.C. 2261A, Stalking, Legal Information Institute, Cornell Law School
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change, and how they apply depends on the facts of your situation. Tennessee publishes its official code through a third-party database, so verify the current statutory text before acting. If you are dealing with unwanted tracking or stalking, consult a licensed Tennessee attorney. If you are in immediate danger, call 911.
Sources and References
- Tennessee Code Annotated, Title 39 (official Lexis-hosted edition), Tennessee General Assembly(capitol.tn.gov)
- Givens v. Mullikin, 75 S.W.3d 383 (Tenn. 2002)(tncourts.gov)
- Order of Protection forms, Tennessee Administrative Office of the Courts(tncourts.gov)
- Order of Protection Act benchcard (T.C.A. 36-3-601 et seq.)(capitol.tn.gov)
- United States v. Jones, 565 U.S. 400 (2012)(law.cornell.edu)
- 18 U.S.C. 2261A - Stalking(law.cornell.edu)