The Appellate Division in Villanova v. Innovative Investigations Inc. says yes. Plaintiff, Kenneth Villanova, sued Innovative Investigations, Inc. and its principal Richard P. Leonard for invasion of privacy. Because Leonard had difficulty with his surveillance of the plaintiff, he suggested to the plaintiff’s wife (now ex-wife) that she place a global positioning system (GPS) in one of the family vehicles. Plaintiff’s wife placed the GPS device in the glove compartment of the vehicle primarily driven by the plaintiff. The private investigators ultimately observed the plaintiff leaving the driveway of his suspected paramour with her in his car. The court held that “the placement of a GPS device in plaintiff’s vehicle without his knowledge, but in the absence of evidence that he drove the vehicle into a private or secluded location that was out of public view and in which he had a legitimate expectation of privacy, does not constitute the tort of invasion of privacy.” In other words, there was no evidence that the GPS device had invaded his privacy or led to an invasion of his privacy as he was observed from a public street where he could not have an expectation of privacy. The court granted summary judgment in favor of the defendants and dismissed the suit.
Can you find out whether your spouse is cheating with the use of a GPS device?
July 19, 2011 by Wilentz Family Law Blog
