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Arrest re tracking device

rhea

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#2
Arrested but not charged with anything. I would imagine he told his "wife" what he was up to as even if found how do plod track who owns the tracker?

If it is going to be clamped down upon as you suggest what offence do you think has been committed?
 

TeddyFox

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#3
I accept that he hasn't been charged yet, but I do think it is indicative of how the police (and perhaps the court, in due time) may approach such activities.

I also accept that short of the husband coughing, the police are unlikely to ever find out.

However, I think it could (subject to specific details) fall loosely under stalking/harassment. I know this has been previously argued about until the cows come home BUT, the fact remains this is the first person to have been arrested for it, so it is logical to think that more will follow.

Whilst I think it only loosely fits at the moment, it only takes that one brave CPS lawyer to take it forward and seek change.

The saving grace is probably that very few people are ever aware of tracking devices being fitted (it must be in single figures, surely?) but that itself doesn't stop it being included in future law as part of case law or an amendment.

It's certainly worth keeping an eye on. I'd hate for one of us to be the guinea pig.
 

premier

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#4
TeddyFox;I'd hate for one of us to be the guinea pig.[/QUOTE said:
Teddy,

The rub is we don't get caught, therefore we have no need to worry!

I will wait to learn his fate

Regards

premier
 

littlewoman

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#5
If it had only been her car, and not the lover's, surely he couldn't be done for stalking his own wife who was still in a relationship with him at the time? He is married to her, surely if she is committing adultery then she is in breach of contract and he has every right to collect evidence. That would obviously change once they split up.
 

rhea

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#6
Whilst I think it only loosely fits at the moment, it only takes that one brave CPS lawyer to take it forward and seek change.
In a case of just tracking a vehicle ( and do remember it is only the vehicle that is being tracked , not the person, and therefore cannot get distressed itself:D) that "brave CPS lawyer" would have to be going against current CPS advice. That advice does not mention anything to do with the use of trackers and in the examples of possible charges there is a need for much more "personal" involvement.

If the hubby used the tracker to locate his errant spouse, and/or her lover, and then go to those locations to make it known he was aware of what they were up to then there maybe is an element of distress/harassment but there would also need more than one event. Just recording the locations of the tracker would not be enough.

Stalking and Harassment: Legal Guidance: Crown Prosecution Service
 

deltasierra70

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#7
tracker unit

It can be more complicated than " and do remember it is only the vehicle that is being tracked , not the person, and therefore cannot get distressed itself) " The unit I have recently sold has "cabin audio" and the engine can be turned off and on from almost anywhere there is cellphone coverage for the target vehicle. Other features include locking/unlocking the doors as well as texting GPS positioning in almost real time. Oh yes, and how much fuel is in the tank. There are a number of other features as well. Obviously needs a SIM card as well as a TF card to record audio. Plugs into the large connector under the dash. Supplied it to a US PI who only works marital cases.
 
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#9
Arrest re tracking device is a great device.This device is a great features include locking/unlocking the doors as well as texting GPS positioning in almost real time.
 

intime

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#10
The Laws on Vehicle Trackers

Vehicle tracking devices are great for monitoring employees, new drivers and family members. There is some degree of uncertainty regarding the application of specific legislation in the case of tracking devices, however you should always comply with privacy and human rights laws. To lawfully use a tracker you must follow these rules.

Legal requirements of tracking device use

Placing a tracker in a car in a way that does not contravene other legislation such as vehicle interference.
To collect personal data that can be used to identify an individual as defined under the 1998 Data Protection Act requires the collector to be registered with the ICO and have a DPA number.
You must install the tracker in a public space, or a space where you have implied private access, and not the home of the person being tracked.
If commercial vehicles may be used for business and private purposes, you must notify the driver of the tracking device and explain how to turn off tracking when the vehicle is in private use.
You are obliged to take into account privacy laws as explained on the Data Protection act and any Human Rights Acts.
Legal use of vehicle trackers

Tracking vehicles you own as used by others such as employees to monitor usage in business hours.
Tracking vehicles you do not own for a legitimate reason, providing you either place the device on the outside of the vehicle, such as underneath the bumper, or if you have lawful access to the inside of the car.
The vehicle is not allowed to be exclusively tracked on private property.
You could obtain the same information about the vehicle via physically trailing it.
The vehicle is not situated on property owned by someone else that you do not have right of access to during deployment of the tracker.
The use of the tracker is used in a manner proportionate to the extent needed to gather information.
What is illegal use of a vehicle tracking device?

Placing a tracker on the inside of a vehicle you do not own.
You need to break into the vehicle to install the device.
You would have to physically hard-wire the device in the vehicle.
The vehicle is situated in a place where the driver would have a reasonable expectation of privacy, for instance in a personal garage.
If used to trespass on others’ property or for purposes that may be deemed harassment or any other illegal use.
Use of a tracker in a way not relative to the need to gather information.
 
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