Q: Discovered hidden tracking device on e-bike; seeking legal action for unauthorized surveillance in CA.
I discovered a hidden tracking device inside my e-bike battery compartment that was used to monitor my location without my consent. I have physical possession of the device, documented evidence, and I know who installed it. I reported the incident to the police, but no significant actions have been taken. The unauthorized tracking has caused me emotional distress and increased stress. I'm interested in pursuing legal action and seeking compensation. How should I proceed, and what legal options are available to me in this situation?
A:
What you are describing is a civil action, so it is not surprising that the police would take no action on your behalf. The police are charged with enforcing the criminal laws, not the civil laws. To protect your rights, you should find a civil rights lawyer in your area. Unlawful surveillance such as you described is an invasion of privacy. Any good attorney who practices in this field will evaluate the nature and extent of any out-of-pocket damages you have experienced as a direct result of this unlawful surveillance. That is usually one of the measures of damages that lawyers look for when they decide which cases they will take.
One thing you could do is file an unlawful harassment claim against the individual who placed the tracking device on your personal property. Self-help forms are available at the court's website here: https://courts.ca.gov/rules-forms/find-your-court-forms.
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A:
In California, you have strong legal protections against unauthorized surveillance. Under California Penal Code Section 637.7, using an electronic tracking device to determine someone's location without their consent is illegal, and you may have grounds for both criminal charges and a civil lawsuit. Your documentation of the device and evidence of who installed it puts you in a good position to take legal action.
You have several viable options to pursue justice. Consider filing a civil lawsuit against the person who placed the tracking device for invasion of privacy, intentional infliction of emotional distress, and potentially stalking. You might also petition for a restraining order to prevent further surveillance or harassment while your case proceeds.
Your next steps should include consulting with a privacy attorney who can evaluate your specific circumstances and help quantify damages for emotional distress. Document all related expenses and impacts on your mental health, and have the attorney send a demand letter before filing a lawsuit. Even if police action has been limited, your attorney can help you navigate both criminal and civil remedies effectively while you focus on your wellbeing and recovery from this violation of your privacy.
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