Question

Under R.S. 14 ___________.323, the Louisiana Tracking Device law, when the parents of the minor child are living separate and are apart or are divorced from one another, the exception allowing a parent to monitor a minor child shall apply only if both parents consent to the tracking of the minor child's location or movements unless one parent has been granted sole custody in which case consent of the non-custodial parent shall not be required. What is the requirement for a parent to monitor a minor child's location or movements under the Louisiana Tracking Device law?

1) Both parents must consent
2) Only one parent needs to consent
3) Consent is not required
4) Cannot be determined

Answer 1

Both parents must consent to the tracking of a minor child's location or movements under the Louisiana Tracking Device law unless one parent has sole custody, in which case only that parent's consent is necessary.

Step-by-step explanation:

Under R.S. 14 .323, the Louisiana Tracking Device law, the requirement for a parent to monitor a minor child's location or movements is that both parents must consent if they are living apart or are divorced, except when one parent has been granted sole custody.

In the case of sole custody, the consent of the non-custodial parent is not required for the use of tracking devices. This law is in line with the Fourth Amendment and Supreme Court decisions in United States v. Jones and Carpenter v. United States which have affirmed the need for consent or a warrant for location tracking to avoid unlawful search and seizure.