A state appellate court ruled that tracking a cheating spouse with a GPS device is not an invasion of privacy.
http://liarcatchers.com/electronic_surveillance.html
September 18, 2011 /24-7PressRelease/ — Do you suspect that your spouse is being unfaithful? If you live in New Jersey, thanks to a recent ruling by a state appellate court, you can legally monitor your partner’s movements with a GPS device.
The ruling stemmed from the case of Kenneth Villanova, whose ex-wife suspected him of cheating and hired a private investigator, Richard Leonard, to find evidence of an affair. After trailing him for a few weeks with no results, Leonard suggested that Mrs. Villanova place a GPS device in the car that she shared with her husband in order to track his movements. She did, and thanks to the technology, Leonard was able to get the evidence his client asked for.
As a result, Villanova sued his ex-wife and the private investigator for invasion of privacy. The case against his wife was dropped during their divorce proceedings, and the appellate court dismissed his case against Leonard. Despite the claim that his privacy was breeched, the court found that Villanova had no expectation of privacy in his car because he was traveling on public streets, not a private area. In addition, Villanova claimed that he suffered emotional distress because of the incident, but the court found that since he did not seek medical treatment, that claim could not be sustained either.
If you are considering getting divorced in New Jersey, you do not have to prove your spouse committed adultery in order to get a divorce. There are several grounds for divorce in the Garden State, including separation, which is New Jersey’s form of no-fault divorce and irreconcilable differences. To get more information about divorce, contact an experienced New Jersey family law attorney.
