Imagine you’re washing your car in Los Angeles, crawling under the frame, and you spot a small black box with a magnet—something that looks like a GPS tracking device. Your first instinct might be: Get it off my vehicle, now.
But here’s the legal trap: removing a tracker might feel reasonable, yet depending on what you do next, you could accidentally hand law enforcement a new accusation—like theft or tampering with evidence—or create a situation where police try to justify a search of your home or garage.
Let’s break down what California law actually looks like and what the safest move is if you find a suspected tracker in LA.
Can Police Legally Put A Gps Tracker On A Car In California?
In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a vehicle and using it to monitor movements is a “search” under the Fourth Amendment, and doing so without proper legal authority can violate constitutional protections.
In California, police commonly seek tracking-device warrants under Penal Code sections 1524(a)(12) and 1534(b), with related electronic-privacy provisions in sections 1546.1(c)(3) and 1546.2. California’s general anti-tracking privacy statute, Penal Code section 637.7, broadly prohibits electronic tracking, but exempts lawful law-enforcement use.
Can You Remove It Without Committing A Crime?
The honest answer: removing it isn’t automatically a crime — but your next steps matter.
A widely discussed case out of Indiana (Derek Heuring) raised the exact issue: police obtained a warrant to place a tracker, it later went “static,” and police argued that meant the suspect stole police property, using that theory to get another warrant and search his property. Courts scrutinized whether simply removing an unmarked, unknown device is really “theft.”
That case is not California law—but it highlights the key concept: theft usually requires intent to deprive the owner of property, not just moving something off your car. California’s theft elements similarly focus on taking property without consent with intent to deprive.
The Bigger Risk in California: “Tampering” or “Concealment” of The GPS
Even if theft is hard to prove, prosecutors may look at what you did with the device. If you destroy it, hide it, throw it away, or keep it once you suspect it’s evidence in an investigation, you can invite an allegation like destroying or concealing evidence (Penal Code Section 135).
What If It’s Not The Police? Private Gps Tracking Can Be Illegal Too
Not every tracker is law enforcement. In California, using an electronic tracking device to track a person’s movements is generally prohibited—unless an exception applies, including lawful law enforcement use or certain consent scenarios.
That means what you found could be:
- a police tracker (warranted or not),
- a repo/finance tracker tied to a loan or lease arrangement,
- or an illegal tracker placed by a spouse, ex, stalker, or private actor.
California Penal Code Section 637.7 makes it a misdemeanor to use an electronic tracking device to monitor someone’s location without their consent. Penalties include up to 6 months in jail and a $1,000 fine. The law applies to devices attached to vehicles or property and is legal if authorized by the vehicle’s owner, lessor, or lessee. Businesses may face licensing consequences for violations. Law enforcement is exempt when acting lawfully.
The Safest La Playbook If You Find A GPS Tracker On Your Car
If you want to protect yourself and avoid creating a new criminal allegation, here’s the conservative approach:
- Don’t destroy it. Don’t toss it. Don’t “disappear” it: That’s where evidence-tampering arguments start.
- Photograph everything first: Take clear photos/video of:
- where it was attached (wide shot + close-up),
- any labels/serial numbers,
- and the condition of the device.
- Remove it carefully (if you must), but preserve it intact: Place it in a bag or container. Don’t open it. Don’t damage it.
- Write down the timeline: When you found it, where the car was parked recently, who had access, and any recent stops/contacts with law enforcement.
- Call a lawyer before you call the police: Why? Because how you report it—and how you handle the device—can affect the outcome
- whether police try to claim “theft” or “concealment,”
- and whether there’s a suppression issue if tracking was unlawful under Jones.
If Lapd Tracked You: Can They Notify You Later?
Often, people don’t learn about tracking until later. California law includes procedures for warrant returns and notice provisions related to tracking-device warrants.
Found A GPS Tracker In Your Car? Consult With A Defense Lawyer First
If you found a tracker—or you suspect you were tracked and now you’re facing charges—your case may involve Fourth Amendment suppression issues, search warrant challenges, and how the device was handled after discovery.
For a free in-person consultation with the attorneys at Stephen G. Rodriguez & Partners, call (213) 481-6811.