If you are considering using GPS to track someone in Oklahoma, you should take a look at House Bill 1516. The bill defines “following” in the state stalking statutes as using a GPS or other monitoring device to track a person’s movement without the person’s consent. Exceptions are made for use by law enforcement or by parents tracking the movements of their children. In Oklahoma, a first conviction for stalking is a misdemeanor punishable by up to a year in jail. A second conviction is a felony.
According to the YouTube videopublished on the Oklahoma House channel this bill was passed to help prevent stalking of women. They report it was to clarify the current stalking laws. This didn’t seem to address whether or not you can place a GPS tracker on your own car, or a car you own jointly. Previously to this it was acceptable to plant a GPS on your car, or a jointly owned car in some domestic and infidelity cases. With the current bill it doesn’t seem to clear on that issue now. I now recommend not using a GPS for this type of case, unless you are first approved to do so by your attorney.
GPS Tracking Alternatives
Without being able to use a tracker to monitor someone, it now comes down to hiring a private investigator for mobile surveillance. You’ll have to weigh the cost versus benefit of hiring a private investigator as it will be somewhat expensive. On the average you are looking at $75 per hour and a retainer of at least $500. Keep in mind those hours spent on surveillance don’t have to be consecutive hours, they can be broken up however need be to fit the situation. For example, if you think your spouse is seeing someone while they are at the gym every night around 7:00 PM, we can perform surveillance just for that hour. In other cases it’s difficult to predict how long it will take to obtain evidence from mobile surveillance. When this happens you can easily run into 8-10 hours per day to obtain evidence on a subject.
Should you choose to hire a private investigator for mobile surveillance, you should be prepared to provide as much information about the subject as possible. The following items are extremely useful:
Picture of vehicle
Picture of subject
information on their daily routine
Where you think the activity is happening
With that information we can plan out the surveillance and increase your chances for success of obtaining the evidence. Considering the consequences of using GPS in Oklahoma now, this may be very well worth the expense.
Call Joe Sullivan
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1 to 1 Risk Control, LLC