Imagine you’re washing your car in Los Angeles, crawl under the frame, and spot a small black box attached with a magnet. It 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 may feel reasonable, but depending on what you do next, you could accidentally expose yourself to a new accusation, such as theft, tampering with evidence, or interfering with an investigation. You could also create a situation where police try to justify a search of your home, garage, or property.
Let’s break down what California law looks like and what the safest move is if you find a suspected tracker in Los Angeles.
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 the vehicle’s movements is a “search” under the Fourth Amendment. 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), along with related electronic privacy provisions under Penal Code 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 the Tracker Without Committing a Crime?
The honest answer is: removing it is not automatically a crime, but what you do next matters.
A widely discussed Indiana case involving Derek Heuring raised this exact issue. Police obtained a warrant to place a tracker on a vehicle. When the tracker later stopped moving, police argued that the suspect may have stolen police property and used that theory to get another warrant to search his property. Courts questioned whether simply removing an unknown, unmarked device from a vehicle truly amounts to theft.
That case is not California law, but it highlights an important point: theft usually requires an intent to deprive the owner of property. Simply removing an unknown object from your own vehicle is different from stealing it with criminal intent.
The Bigger Risk: Tampering With or Concealing the GPS Device
Even if theft is difficult to prove, prosecutors may focus on what you did with the device after finding it.
If you destroy it, hide it, throw it away, open it up, or keep it once you suspect it may be evidence in an investigation, you could invite an allegation of destroying or concealing evidence under Penal Code section 135.
That is why your safest move is not to “make it disappear.” Preserve it.
What If the Tracker Was Not Placed by Police?
Not every tracker is law enforcement. In California, using an electronic tracking device to monitor someone’s location is generally prohibited unless an exception applies.
A tracker could be:
- A law enforcement tracker, with or without a valid warrant;
- A repo or finance-related tracker tied to a loan, lease, or vehicle agreement; or
- An illegal tracker placed by a spouse, ex, stalker, or private person.
California Penal Code section 637.7 makes it a misdemeanor to use an electronic tracking device to monitor someone’s location without consent. Penalties may include up to six months in jail and a fine of up to $1,000. The law applies to devices attached to vehicles or other movable property, though there are exceptions for lawful law enforcement use and certain ownership, leasing, or consent situations.
What Should You Do If You Find a GPS Tracker on Your Car?
If you find a suspected GPS tracker, the safest approach is to protect yourself while preserving evidence:
- Do not destroy it. Do not throw it away, crush it, open it, or make it disappear. That is where evidence-tampering arguments can begin.
- Photograph and record everything. Take clear photos and video of where the device was attached, including wide shots, close-ups, labels, serial numbers, and the condition of the device.
- Remove it carefully only if necessary. If you choose to remove it, keep it intact. Place it in a bag or container. Do not damage it or alter it.
- Write down a timeline. Note when you found it, where the car was recently parked, who had access to the vehicle, and whether you recently had contact with law enforcement.
- Call a lawyer before calling police. How you report the device and how you handle it can affect whether police try to claim theft, concealment, or interference with an investigation. It may also affect whether your attorney can challenge unlawful tracking under the Fourth Amendment.
If LAPD Tracked You, Will You Be Notified?
In many cases, people do not learn about tracking until later. California law includes procedures for warrant returns and notice related to tracking-device warrants, but the timing and details can depend on the facts of the investigation and the court orders involved.
If law enforcement used a GPS tracker without proper legal authority, your attorney may be able to challenge the tracking, the warrant, and any evidence that came from it.
Found a GPS Tracker on Your Car? Talk to a Defense Lawyer First
If you found a GPS tracker on your vehicle, do not guess your way through the situation. The device may involve law enforcement surveillance, illegal private tracking, a search warrant issue, or a potential evidence problem.
Before you destroy it, report it, or try to confront anyone, speak with an experienced Los Angeles criminal defense attorney. Your next move could affect your rights, your privacy, and whether evidence can be challenged in court.
For a free in-person consultation with Stephen G. Rodriguez & Partners, call (213) 481-6811.