California GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)

A working GPS tracker costs less than a tank of gas, and most people never find the one hidden on their car. California saw this problem coming before almost anyone else. Penal Code 637.7, on the books since 1999, was one of the first laws in the country written specifically to criminalize electronic vehicle tracking, and it is still one of the strictest.

This guide is part of our GPS Tracking Laws by State series. It explains who can legally track a vehicle in California, what happens to people who track illegally, and the $5,000 civil claim available to victims.

Is It Legal to Put a GPS Tracker on a Car in California?

In most situations, no. Penal Code 637.7 states that no person or entity in California may use an electronic tracking device to determine the location or movement of a person.

The statute contains only two exceptions:

• Consent of the registered owner, lessor, or lessee of the vehicle the device is attached to
• Lawful use by a law enforcement agency

If you do not fit one of those exceptions, attaching a tracker to someone's car is a crime. Here is how that plays out in common scenarios:

• Your own car: Legal. You are the registered owner.
• Your spouse's car, registered only in their name: Illegal without their consent.
• A jointly registered car: Penal Code 637.7 does not apply to a registered owner, but stalking laws still can. More on this below.
• Your teenager's car: Legal only if you are the registered owner.
• An employee's personal car: Illegal without the employee's consent.
• A private investigator tracking for a client: Illegal, with license consequences on top.

Penal Code 637.7: California's Tracking Device Law

The statute defines an electronic tracking device as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.

That definition is deliberately broad. It covers magnetic battery-powered trackers stuck in a wheel well, devices plugged into the OBD port, hardwired fleet units, and item trackers like AirTags attached to a bag or jacket. The phrase "or other movable thing" means the law is not limited to cars.

A violation is a misdemeanor. Under California's default misdemeanor rules, that means up to six months in county jail, a fine of up to $1,000, or both.

One important detail: the crime is using a device to track a person. Tracking your own stolen property to recover it is a different situation than secretly following your ex around town.

There is a federal layer too. In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a vehicle and monitoring its movements is a Fourth Amendment search. So even the law enforcement exception in 637.7 generally requires a warrant or other lawful authority.

Who Can Legally Track a Vehicle in California

The Registered Owner Rule

Everything in Penal Code 637.7 turns on vehicle registration. The consent that matters belongs to the registered owner, lessor, or lessee. Driving a car every day does not give you the power to consent, and it does not protect someone who tracks you if your name is on the registration.

Spouses, Divorce, and Jointly Registered Cars

This is the nuance that decides most real-world disputes. If a car is registered to both spouses, each one is a registered owner. A spouse who puts a tracker on a jointly registered car has the consent of a registered owner (themselves), so Penal Code 637.7 does not prohibit it.

That does not make spousal tracking safe. Criminal stalking under Penal Code 646.9, the civil stalking tort under Civil Code 1708.7, and any active restraining order can all still apply. Family court judges also take covert tracking seriously in custody and divorce proceedings.

If the car is registered solely in your spouse's name, putting a tracker on it without their consent is a misdemeanor, full stop.

Parents and Teen Drivers

Parents may track a minor's vehicle only if the parent is the registered owner, lessor, or lessee. If you bought the car and registered it in your name, you can install a tracker. If the car is registered to your child, even a minor child, the statute's exception does not cover you.

Private Investigators Get No Pass

California gives private investigators zero exemption from the tracking law. Penal Code 637.7 expressly states that a violation by a person licensed under Division 3 of the Business and Professions Code is grounds for revoking that license.

A PI who plants a tracker in a cheating-spouse case risks a criminal conviction and their livelihood. And hiring a PI to do the tracking does not insulate the client from civil liability under Penal Code 637.2.

Can My Employer Track My Car in California?

It depends on whose car it is.

Company vehicles: The employer is usually the registered owner, so basic GPS fleet tracking is generally lawful. California privacy norms still favor written notice, and tracking employees during off-duty personal use of a vehicle invites claims.

Digital license plates: AB 984 (2022) legalized digital and other alternative license plates statewide, and it wrote employee protections directly into Vehicle Code 4854. An employer using an alternative device with GPS may monitor an employee only during work hours, and only if monitoring is strictly necessary to the performance of the employee's duties. The employer must give written notice describing the specific activities monitored, and the employee has the right to disable monitoring outside work hours without retaliation. Violations carry a $250 civil penalty for the first offense and $1,000 per employee per violation per day after that.

Your personal car: An employer who hides a tracker on an employee's personal vehicle without consent violates Penal Code 637.7 like anyone else. You are the registered owner, and your consent is the only one that counts.

If a workplace device also captures conversations, that triggers a separate set of rules. California requires all-party consent for confidential communications, which we cover in our California recording laws guide.

AirTags and Item Trackers

Apple AirTags, Tiles, and Samsung SmartTags fit squarely within Penal Code 637.7. The statute covers devices attached to "a vehicle or other movable thing," so an AirTag dropped into a purse, slipped into a jacket pocket, or taped inside a bumper counts.

California prosecutors have charged AirTag stalking cases under both 637.7 and the stalking statute, Penal Code 646.9. Stalking applies when someone willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat intended to place the victim in reasonable fear for their safety.

Federal law reaches this conduct too. Under 18 U.S.C. 2261A, using an electronic device to surveil someone with intent to harass or intimidate, in a way that causes substantial emotional distress, is a federal stalking offense when interstate elements are present.

Both iPhone and Android now push unwanted-tracker alerts when an unknown AirTag travels with you. Treat those alerts seriously and check the section below on what to do if you find one.

Penalties for Illegal GPS Tracking in California

Stalking becomes a felony with prior offenses or when committed in violation of a restraining order, and penalties climb sharply from there.

Suing for Illegal Tracking: The $5,000 Civil Action

Penal Code 637.2 gives victims a private right of action against anyone who violates California's Invasion of Privacy Act, including the tracking statute. The recovery is the greater of $5,000 per violation or three times the amount of actual damages.

Two features make this claim unusually powerful:

• No proof of actual damages required. The statute says it is not a prerequisite that the plaintiff suffered, or be threatened with, actual damages. The $5,000 is available simply because the violation happened.
• Per-violation stacking. Plaintiffs argue that ongoing tracking involves many violations, not one, which can multiply the statutory figure quickly.

Victims can also seek an injunction ordering the tracking to stop, in the same lawsuit.

Separately, Civil Code 1708.7 creates a civil stalking tort. It applies when a defendant engages in a pattern of conduct intended to follow, alarm, place under surveillance, or harass the plaintiff, the plaintiff reasonably feared for their safety or suffered substantial emotional distress, and the defendant made a credible threat or violated a restraining order. That tort allows general, special, and punitive damages.

Connected Cars and Domestic Violence: SB 1394

Modern cars are tracking devices with seats. An abuser with access to a connected-car app can see the vehicle's location, lock and unlock doors, and remote-start the engine from anywhere.

SB 1394 (2024) attacks this directly. The law, codified in Vehicle Code sections 28200 and following, requires connected-vehicle manufacturers to provide a process for a driver to terminate another person's remote access to the vehicle. The core requirement took effect July 1, 2025.

Key protections for survivors:

• The disconnection process must be secure and user-friendly, with confirmation of the request.
• The manufacturer cannot charge a fee or require the consent of the person being cut off.
• Later phases, rolling out through 2026 and 2028, add in-vehicle controls to disable location access without an app or password, plus alerts when someone uses remote features.

If you are dealing with an abuser who is tracking you, pairing an SB 1394 disconnection request with a protective order is often the right move. Our guide to California restraining order laws walks through the process.

What to Do If You Find a Tracker on Your Car

1. Document it before touching it. Photograph the device where you found it: wheel well, under the bumper, beneath a seat, or plugged into the OBD port under the dash.
2. Think about safety first. If you suspect a violent ex or partner placed it, removing it immediately can alert them. Consider contacting police or a domestic violence advocate before you act.
3. Report it. Illegal tracking is a misdemeanor, and a police report creates the paper trail you will need for criminal charges, a restraining order, or a civil suit.
4. Check your accounts too. Look at phone location sharing, connected-car apps, and shared family accounts. SB 1394 lets you cut off remote vehicle access through the manufacturer.
5. Talk to a lawyer about Penal Code 637.2. With $5,000 per violation on the table and no requirement to prove actual damages, attorneys take these cases.

If you are also worried about cameras pointed at your home or parking spot, see our guide to surveillance camera laws.

Frequently Asked Questions

Sources

• Cal. Penal Code 637.7 - Electronic tracking devices
• Cal. Penal Code 637.2 - Civil action for invasion of privacy
• Cal. Vehicle Code 4854 - Employee monitoring limits for alternative devices (AB 984)
• SB 1394 (2024) - Connected vehicle service: access by survivors
• Cal. Penal Code 646.9 - Stalking
• Cal. Civil Code 1708.7 - Civil stalking tort
• 18 U.S.C. 2261A - Federal stalking statute
• United States v. Jones, 565 U.S. 400 (2012)

Disclaimer: This article is legal information, not legal advice. Laws change and every situation is different. If you are dealing with illegal tracking, stalking, or a family law dispute involving a GPS device, consult a licensed California attorney. If you are in immediate danger, call 911.