Analyses of Section 637.7 - Unlawful use of electronic tracking device, Cal. Pen. Code § 637.7 (2024)

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may be drawn.In the 2009 case of Haggins v. Verizon New England, Inc., a group of employees, represented by their union, sued their employer for requiring field technicians to carry company-issued cell phones so it could track their location. The employees claimed the policy violated their privacy rights under the Massachusetts Constitution and state law. The district court dismissed the case, and the First Circuit affirmed the dismissal. Notably, the district court introduced a precedent-setting balancing test, weighing employers’ interests in assessing employee effectiveness against employees’ rights to privacy.In 2015, an employee who was terminated for deleting tracking software from her mobile device pursued a wrongful termination suit. The case settled out of court, leaving no legal precedents but highlighting tensions between employee autonomy and employer surveillance.Some states have placed limitations on how and when employers may track the location of individuals. Notably, Section 637.7 of the California Penal Code restricts the use of electronic tracking devices unless the tracker is the registered owner or lessor of the vehicle.The significance of such state-level interventions is evident in a 2017 class action settlement, in which the US District Court for the Northern District of California ruled in favor of plaintiffs against the Bay Area Rapid Transit District for allegedly collecting location and other data from the personal devices of riders without clear user consent.In a watershed moment in 2018, the US Supreme Court ruled that collecting “cell site location information” without a warrant violated the Fourth Amendment, which protects against unreasonable searches and seizures. The court underscored the heightened privacy concerns associated with accessing personal location data compared to vehicle location data.It is unclear whether tracking employees within the confines of private property, such as a factory, would render such surveillance less susceptible to scrutiny than tracking em

Analyses of Section 637.7 - Unlawful use of electronic tracking device, Cal. Pen. Code § 637.7 (2024)

FAQs

Analyses of Section 637.7 - Unlawful use of electronic tracking device, Cal. Pen. Code § 637.7? ›

Generally, California Penal Code

California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
https://en.wikipedia.org › wiki › California_Penal_Code
section 637.7 prohibits individuals from using electronic tracking devices to determine the location or movement of a person. However, an important exception allows registered owners, lessors, or lessees of vehicles to use electronic tracking devices to track their own vehicles.

What is Section 637.7 of the California Penal Code? ›

Section 637.7 prohibits the use of “an electronic tracking device to determine the location or movement of a person.” Cal Penal Code § 637.7(a). The wording of the statute explicitly prohibits tracking the location or movement of a person, not a vehicle.

What is the penal code for electronic tracking device in Texas? ›

Unlawful Installation of Tracking Device. (a) In this section: (1) “Electronic or mechanical tracking device” means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.

What is the penal code for tracking devices in California? ›

California Penal Code 637.7 PC makes it a crime to place an electronic tracking device "to determine the location or movement of a person." The law allows tracking devices on vehicles if the owner consents.

Is putting a tracker on a car illegal in California? ›

The Penal Code Sec 637.7 prohibits the use of electronic tracking devices to track the movement or location of an individual, except when the owner of the vehicle has consented to the use of the device.

What is the Penal Code 637 in California? ›

Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, is punishable by ...

What California Penal Code section defines crime? ›

Penal Code Section 15 defines a crime or public offense as an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: death, imprisonment, fine, removal from office, or disqualification to hold and enjoy any office of ...

Can the police put a tracker on your car without you knowing? ›

Police officers regularly use GPS trackers to follow potential suspects and can install a GPS tracker on your vehicle without your knowledge. But what if it is installed on your vehicle without the police first obtaining a warrant? You should immediately contact a lawyer at The Juba Law Office for help.

Can I sue someone for putting a tracker on my car? ›

The legality of using a GPS tracker on another person's vehicle without their permission is clear—it is illegal in all 50 states. Not only does this act violate legal standards, but it also exposes the individual to potential civil lawsuits for privacy infringements.

Is it illegal to track someone without their permission? ›

In six states (California, Florida, Hawaii, Louisiana, Minnesota, New Hampshire and Virginia) laws more broadly prohibit the use of electronic tracking devices, not just on vehicles, and not just in the context of stalking, but when they are used to determine the location or movement of a person without consent.

Is it legal for police to track your phone? ›

The law requires—in most situations—that the police get a warrant in order to gather historical cellphone location information kept by cellphone and wireless network providers. The U.S. Supreme Court established this privacy rule for all the country in the 2018 case Carpenter v. United States. (138 S.

What do police tracking devices look like? ›

Police GPS trackers are small, wireless, waterproof, and can easily be attached to a suspect's car or a law enforcement vehicle to track movement. Wireless GPS car trackers can be small and discreet (roughly 1-3 inches in size), making them difficult to detect with a visual inspection.

Can law enforcement use tracking devices? ›

In the world of law enforcement, GPS tracking is a literal lifesaver. Law enforcement agencies around the world rely on GPS to help track their personnel and official vehicles, helping to keep communities safer at all hours of the day.

How to find out if you have a tracking device in your body? ›

The best way to check for an implant would be to have an X-ray performed. RFID transponders have metal antennas that would show up in an X-ray. You could also look for a scar on the skin. Because the needle used to inject the transponder under the skin would be quite large, it would leave a small but noticeable scar.

Is it illegal to track your spouse in California? ›

Generally, California Penal Code section 637.7 prohibits individuals from using electronic tracking devices to determine the location or movement of a person.

Is it illegal to track a spouse with AirTag? ›

Generally, placing a tracking device like an air tag. on someone without their consent is a crime, and depending on the circ*mstances. it could be a form of stalking or harassment. Some states have exceptions for them, like placing them on your kids or in your car.

What is Section 187 of the California Penal Code? ›

§ 187. “ Murder” defined, CA PENAL § 187

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

What is California Penal Code Section 635? ›

(a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively ...

What is Section 37 of the California Penal Code? ›

(a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state.

What is the California Penal Code section for burglary and trespassing? ›

Penal Code § 602 PC – “Trespassing” – California Law & Penalties. California Penal Code § 602 PC prohibits trespassing, which is entering (or remaining) on someone else's property without permission or a right to do so, or after being asked to leave.

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