New York Lawmakers Consider Bill to Restrict GPS Stalking

GPS tracking is a powerful tool, and like any tool it can be used both for constructive and destructive purposes. Tracking technology enables citizens to protect themselves and others, find lost cell phones and laptops, keep track of their pets, and benefit in many other ways. But in the hands of a criminal, it can also be used with criminal intent. One such usage of the technology is GPS-enabled stalking.

In 2012, Jackie Wisniewski contacted police and told them she was being stalked by her ex-boyfriend, Dr. Tim Jorden. Jorden had placed a GPS tracking device on her car without her knowledge and was threatening her. Wisniewski chose not to press charges because she was afraid of what Jorden might do. Unfortunately, at that time, GPS stalking was not a crime, and police could not take further action unless the victim chose to press charges. Months later, Wisniewski was murdered by Jorden, who then took his own life.

Stories like this one have prompted lawmakers in New York to consider a bill that would criminalize the use of GPS tracking to stalk someone. Both the state senate and the assembly have passed the bill, and it is now awaiting review by the governor.

Beating Criminals at Their Own Game

While it’s true that GPS tracking can be used inappropriately by those with malicious intentions, the same technology can also be used to protect the innocent and defend victims. One example is the use of GPS tracking to alert domestic violence victims to potential danger. Minnesota, Maine, and Pennsylvania (among other states) have all proposed legislation that would allow authorities to monitor offenders using a GPS tracking device. Most often worn as an ankle bracelet, the device would send an alert when the wearer crosses a specified boundary, giving victims enough advance warning to escape a potentially dangerous situation.

Some programs of this type are voluntary, and would allow offenders to qualify for monitored release. Others would allow authorities to require that offenders wear the bracelets if the potential for harm is considered extreme. Conditions of the program include:

• Offender must wear monitoring device at all times


• If a boundary is crossed, both the victim and the monitoring agency receive alerts


• If the device is removed, both victim and monitoring agency receive alerts


• Violations can result in charges or imprisonment

Victims reported feeling safer when they knew that the offender was wearing a bracelet as compared to a traditional restraining order. If the offender violates the restraining order, victims may not be able to escape harm since police often cannot respond quickly enough. However, with the bracelets, the advance warning often provides plenty of time for a victim to get to safety and for police to locate and restrain the offender.

The End of GPS Stalking

Despite the many positive applications of GPS tracking, including monitoring domestic violence offenders, there remains the stark possibility of the technology being used to harass. In the case of Jackie Wisniewski, GPS stalking played a key role in Jorden’s intimidation and possible murder of his victim. Because using a GPS tracking device to stalk someone had not yet been made a criminal offense, the police were limited in their ability to take preventive action. In this case, the victim’s fear of reprisal played right into the hands of the offender, enabling him to continue his threatening behavior without fear of police action.

For this reason, many states are now considering laws that restrict the use of GPS technology to track a person without his or her knowledge or against his will. Some situations that could fall under this category include:

• Police tracking of a suspect without a warrant—Most states now have laws in place that prevent police officers from placing a tracking device on a suspect’s car without a warrant. This falls under the Fourth Amendment, which protects against unreasonable searches and seizures.


• GPS stalking—As we’ve already discussed, several states have proposed legislation to make stalking someone using GPS tracking a criminal offense.


• Cell phone searches after an arrest—On June 25, the Supreme Court unanimously ruled that police officers could not conduct searches of the cell phones owned by people who were arrested. Because most cell phones have GPS tracking capabilities and many users have also installed GPS-enabled apps, this ruling would also protect against police searches of an arrested person’s recent movements without a warrant.

Can GPS Stalking Laws Stop Domestic Violence?

Unfortunately, it’s not possible to prevent every single case of domestic violence. However, many victims sustain additional injuries during second or third assaults. It is these cases that can largely be prevented by GPS stalking laws, especially when implemented in conjunction with GPS monitoring of offenders. With such powerful technology at our fingertips, it is our responsibility to help prevent criminals from using that technology to perpetrate violence.

New York Lawmakers Consider Bill to Restrict GPS Stalking