Based on the battle of a divorcing Gloucester County couple, the decision helps clarify the rules governing a technology increasingly employed by suspicious spouses — many of whom hire private investigators.
No state law governs the use of GPS tracking devices, and the ruling, which does not affect police officers, is the first to address the issue, said Jimmie Mesis, past president of the New Jersey Licensed Private Investigators Association.
“We only use it when we are sure we have the appropriate conditions,’’ Reed said, noting that investigators make sure GPS devises are installed in cars on public streets and not private areas, and that the spouse must have some legal or financial connection to the car.
Appellate Judge Joseph Lisa, Jack Sabatino and Carmen Alvarez said Villanova had no right to expect privacy because the GPS tracked his movements on public streets.
“There is no direct evidence in this record to establish that during the approximately 40 days the GPS was in the