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You may have read our first blog, “Is It Legal to Install a GPS Tracking Device on Your Spouse’s Car?“, reviewing when installing a GPS tracking device could be deemed legal. In this article, we will discuss what unlawful installation of tracking device is. We will also review the defenses to this charge. Finally, you will learn about the consequences of unlawful installation of a tracking device if you or your spouse get convicted. If you put a tracking device in your spouse’s vehicle without their permission, you could face charges for unlawful installation of a tracking device. On the other hand, if you catch your spouse spying on you with a tracking device, you could have them charged with this crime. Regardless of which situation you face, there is some information that you need about this crime. What is Unlawful Installation of Tracking Device?In the state of Texas, unlawful installation of tracking device is an offense. This offense tries to deter people from monitoring other people’s whereabouts without consent. Without the owner of the vehicle’s consent to the tracking device, there are still a couple of ways that you can install such a device in their vehicle:
You can face a charge for unlawful installation of tracking device in some cases. This could happen if you knowingly install a mechanical or electronic tracking device on a vehicle that is owned or leased by someone else. PenaltiesIf charged with unlawful installation of tracking device, you need to know what you face. This crime is considered a Class A Misdemeanor. For a Class A Misdemeanor, you could face up to one year in a county jail. You could also face a fine of up to $4,000. These are the most severe penalties that a person can face for this crime. If you hire an attorney, or present evidence at trial to support your case, you could face smaller penalties. DefensesIf you face unlawful installation of tracking device charges, you need to defend yourself. Make sure that you can defend yourself in court so as to avoid serious penalties. There are three main defenses that you can use:
ConsentDefenses get based on effective consent. This could mean implied consent or explicit consent given by the owner of the vehicle. Either way, you need to get verification in writing or verbally from your spouse. Your lawyer will have to argue this in front of a judge, so having written consent will make it easier. One other defense is that you did not know that you were putting a tracking device in a car. If you did not know that it had tracking capabilities, then you might be able to use this as a defense. Getting HelpWhether accused of installing a tracking device or you think that your spouse has done this without your consent, you should contact an attorney to assist you. By explaining your situation to an attorney, you can determine if you have a case and what to do next. Vista, CA – Sometimes during a divorce, one spouse wants to know what the other has been doing, who they have been associating with, and where they’ve been going. With the proliferation of smaller and smaller tracking
devices, finding this information out has never been easier. With devices able to be attached to cars and people, and with many more being disguised as common items like clocks and smoke detectors, a spouse can discover quite a lot about the spouse they will be divorcing. While tracking a spouse may be tempting, especially if cheating is involved,
any respected California divorce attorney will advise their clients to refrain from tracking anyone or anything. Family law attorney John Griffith of Griffith, Young, and Lass, advises his clients not to track, because the practice is illegal. He said,
“The unauthorized spying and tracking of an individual is illegal in the state of California and can subject the person to criminal as well as civil penalties.” Griffith added that these rules even apply to divorcing spouses and covers every device from hidden cameras and spyware installed on the computer to listening devices and GPS trackers. California penal code 637.7 bars against
tracking someone’s location or movement, unless the person has consented. A tracking device in this respect could refer to a GPS tracking device for a vehicle or any other device that tracks movement or location by the transmission of electronic signals. If someone breaks this statute, it would be considered a misdemeanor that could result in a fine and jail sentences of six to twelve months. What happens if one spouse suspects the other is tracking
their movements or location? “There are steps you can take,” advised Griffith. For instance, the divorce lawyer advised to search for keyloggers being installed on the computer or strange apps being installed on one’s phone. The fact is, trackers are becoming smarter, smaller, and much more difficult to detect. Anyone who suspects that they are being tracked in California as their divorce looms should contact an attorney to assist with their case. That is the only way to ensure that all
tracking devices are identified, and their information is not used as evidence during the divorce process. To learn more, visit the website of California family law firm Griffith, Young, and Lass, serving Carlsbad, San Diego, and the surrounding areas. Call Now! About
GYL: Griffith, Young & Lass is a family law firm operating in Carlsbad, San Diego, Vista, La Jolla, and other areas throughout California. Compassionate and aggressive, the family lawyers are dedicated and committed to getting their clients the best possible outcomes for their cases. © 2018 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.
/ What can I do if someone puts a tracker on my car?If you detect a tracking device on your car, the first thing you should do is report it to the police. Even if you are not having any criminal activity, there is still no law preventing people from using GPS trackers or hidden bugs.
Is it illegal to put a tracking device on your ex wife's car?California penal code 637.7 bars against tracking someone's location or movement, unless the person has consented. A tracking device in this respect could refer to a GPS tracking device for a vehicle or any other device that tracks movement or location by the transmission of electronic signals.
Is it an Offence to put a tracker on someone's car?“Meanwhile the Data Protection Act 1998 means you're only entitled to gather someone's personal data if you have their explicit permission to do so. “So the bottom line is that if you install a GPS tracker, you need to inform anyone using the car that it's in there.” There's one exception to the rule, however.
How can you tell if someone has put a tracker on your car?Check the Exterior
Using a flashlight, check both front and rear wheel wells. Use your hand to feel in areas that aren't easily visible. If a tracker is located in the wheel well, its magnet will need to be attached to a metal part, so look behind plastic covers that don't require removal.
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Is it illegal to put a tracking device on someones car in california
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