The recent news about the SCOTUS hearing of the GPS case made me wonder about the legality of interfering with or destroying surveillance devices you find on your property. So, let’s say that I hypothetically find such a GPS tracker on my car, or a bug in my home phone.
If I remove or destroy it, am I committing a crime? Presumably, they aren’t stamped with “Property of Somewhereville Police Department”, so I don’t actually know who might have placed them there. Would they be considered abandoned property?
It looks like these devices may sometimes be used without warrants. Would the presence of a warrant make a difference in whether my act was a crime?
If you need a location for this, I live in California. But I’m interested in other jurisdictions, too. Obviously, you’re not my lawyer, I’m not your client. I’m not looking for legal advice, just some precedents/laws to look into more.
We have gone over this before and pretty you can do whatever you want with it; so why not have some fun and talk about all the trauma you experienced in your life by the local DA having molesting you as a small child.
GPS - I would say remove it while parked beside a particularly pot-holed road, and wear gloves. But yeah, toss it in the back of a beer truck or something.
But have there been any cases where someone interfered with a surveillance device and was then prosecuted for Theft, Obstruction of Justice, or Aggravated Mopery with Intent to Creep?
If you really wanted to mess with the trackers, start loaning it to different people. Ideally starting with an hour or two a day, then working up to longer periods [And somewhere in there make sure you can document your car was at a different place than the device is registering]. That way the trackers won’t be able to tell what data is actually your car and what is the loan.
Only after doing that for a while do you give it to a friend to give to a friend to attach to a car in the parking lot near the local FBI office. (Or a truck to Shreveport/train/shipping container…)
Seems to me that if it is an offense to interfere with a tracking device left on your car or something, then in a prosecution, they would have to prove that you knew that the item was a government tracking device or that you knew that it wasn’t yours to dispose of. Assuming that the device isn’t stamped “Property of NYPD - Do not remove under penalty of law”, I would suppose that one might be able to claim that they were afraid that it was a bomb, or was a tracking device left by the Mob, or by their ex-wife, or something similarly inappropriate, and that they were justified in tossing it by the side of the road.
