Q: can the police use the information gained from a GPS tracker, placed illegally by a 3rd party, to locate someone?
Man and wife are separated, living apart. Unbeknownst to him, she puts a tracker on his car. Then she calls the police, gives them the information from the gps tracker, and the police use it to find the man. Police come to the house where the husband is, using the wife's ill-gotten gps information. They say they have come because the wife asked them to perform a "wellness check" on the husband. They handcuff the husband and have him sit on the ground while they search his vehicle and ask him questions, with their hands on their guns. "Wellness check" ends with no arrest or further incident. Afterward, the husband leaves the area in his car. Then, police give the wife the address of the house where they performed the "wellness check". Wife shows up at that house with a goon later that night, having traveled from 70 miles away, and knowing (via GPS tracker) that the husband is no longer at that address, banging on the door. Door was not answered. After 10 minutes, wife and goon leave.
A:
In California, evidence obtained through an illegal GPS tracker placed by a third party is generally considered inadmissible in court due to violations of privacy rights. The police using such information to locate someone might also be problematic under these circumstances. However, each case can have unique factors, and it's recommended to consult an attorney to evaluate the specific details and legal implications of the situation.
Sincerely,
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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