Small tracking devices like Apple AirTags, Tile trackers, and GPS units have made it easy to find lost keys, luggage, or a stolen car. They have also become a common source of criminal accusations. In Garden Grove, police increasingly see cases where someone is accused of secretly placing a tracker on a partner's or ex's vehicle or belongings. Depending on the circumstances, this can lead to a misdemeanor tracking charge, a felony stalking charge, or both.
Is It Illegal to Put a Tracking Device on Someone's Car in California?
Yes, in most situations. Penal Code 637.7 makes it a misdemeanor to use an electronic tracking device to determine the location or movement of another person without their consent. Important points include:
- The law applies to devices attached to vehicles and other movable property
- It does not require proof of threats or intent to harm
- The registered owner or lessee of a vehicle can generally consent to tracking that vehicle
- Law enforcement use is handled under separate rules
This means placing an AirTag in someone's car, purse, or backpack without permission can be a crime even if nothing else happens.
When Does Tracking Become Stalking?
Stalking under Penal Code 646.9 is more serious. Prosecutors must prove that a person:
- Willfully and maliciously followed or harassed another person repeatedly, and
- Made a credible threat intended to place that person in reasonable fear for their safety or their family's safety
A credible threat does not have to be spoken out loud. California law recognizes that a pattern of conduct, including conduct through electronic devices, can create a threat. If someone tracks another person's location and then shows up where they are, sends messages revealing they know where the person has been, or combines tracking with other intimidating behavior, prosecutors may file stalking charges.
What Are the Penalties for Stalking in Garden Grove?
Stalking is a "wobbler," meaning it can be charged as a misdemeanor or felony:
- Misdemeanor: Up to one year in county jail
- Felony: Up to three years in custody
- Stalking while a restraining order is in place: Two, three, or four years
A conviction can also lead to a long-term restraining order, firearm restrictions, and in some cases, sex offender registration at the court's discretion. Tracking allegations frequently appear in domestic violence and restraining order cases as well.
How Do Investigators Prove Tracking?
Tracking devices often leave a digital trail. Investigators may rely on:
- Unwanted tracking alerts sent to the alleged victim's phone
- The device's serial number, which can be linked to the owner's account
- Purchase records and account data from companies like Apple
- Text messages or social media posts referencing the person's location
What Defenses Can Apply?
Possible defenses depend on the facts of each case:
- Lawful ownership: You owned or leased the vehicle being tracked
- Legitimate purpose: The tracker was placed on your own property, such as a shared item or a car you co-own
- No credible threat: Tracking alone, without threatening conduct, may not meet the stalking definition
- No repeated conduct: A single incident may not qualify as stalking
- Mistaken identity: Someone else placed the device
Learn more about our stalking defense and cybercrime defense services.
Talk to a Garden Grove Stalking Defense Attorney
Accusations involving tracking devices can escalate quickly, especially during a breakup or custody dispute. Attorney Michael L. Fell is a California Board Certified Criminal Law Specialist who will fight for a fair outcome. Call Law Office of Michael L. Fell at (949) 585-9055 today for a free consultation.