She Put a GPS in His Tesla: What Counts as Legal Surveillance in a SoCal Divorce?

She Put a GPS in His Tesla: What Counts as Legal Surveillance in a SoCal Divorce?

Technology has changed the way we live, love, and unfortunately, how we divorce. One of the most common questions we hear at The Bledsoe Firm is: “Can I track my spouse if I think they’re cheating, hiding assets, or doing something that could impact custody?”

Thanks to modern tech, tracking someone is easier than ever. In fact, we recently heard about a woman who slipped a GPS tracker into her husband’s Tesla before filing for divorce. Her plan was to catch him at a secret second residence. The question is, was it legal?

Let’s break down what the law says about surveillance, tracking, and spying during a divorce in California.

Is It Legal to Track Your Spouse With GPS?

The short answer is: probably not. In California, privacy laws are strict. California Penal Code § 637.7 makes it illegal to use an electronic tracking device to determine the location of another person without their consent — even if you’re married to them.

There are only a few exceptions, and they usually apply when:

• The person being tracked owns or leases the vehicle and knows about the tracker

• The tracker is used for safety purposes, like keeping track of a teen driver

• Both parties consent to the monitoring

In a divorce case, planting a GPS in your spouse’s car without their knowledge is likely illegal and could backfire. Not only could it get thrown out in court — it could expose you to civil or criminal penalties.

What About Checking Their Phone?

Accessing your spouse’s phone, emails, or private messages without permission is also dangerous territory. Under California and federal law, it is illegal to hack into someone’s phone, even if you’re married. That means:

• You cannot install spyware

• You cannot read their private emails unless they gave you permission

• You cannot log into their accounts without explicit consent

Even if you discover something explosive, evidence obtained illegally may not be admissible in court. Worse, it could damage your credibility or lead to sanctions.

Legal Ways to Gather Information

If you suspect your spouse is hiding something important — infidelity, hidden income, questionable parenting — there are legal ways to get the proof you need:

• Hire a licensed private investigator who understands California family law boundaries

• Subpoena financial records or business documents through your attorney

• Conduct depositions to ask direct questions under oath

• Use discovery tools in your case to request emails, texts, and financial disclosures legally

At The Bledsoe Firm, we know how to use the legal system to get the truth without risking your case.

What If You’ve Already Been Tracked?

If you discover that your spouse has been spying on you with GPS, audio recordings, or hidden cameras, you may be able to:

• File a restraining order

• Seek criminal charges under privacy statutes

• Ask the court to penalize them during custody or property division proceedings

Judges do not look kindly on behavior that crosses the line into surveillance or harassment.

The Bottom Line

The urge to gather evidence during a divorce can be overwhelming, especially if trust has been broken. But taking matters into your own hands — especially through illegal surveillance — can harm your case more than help it.

If you’re facing a high-conflict divorce or need to uncover hidden truths, let The Bledsoe Firm guide you through it safely and strategically.

Schedule a confidential consultation today to protect yourself, your children, and your future — without breaking the law.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this post or contacting The Bledsoe Firm through this website does not establish an attorney-client relationship. Every legal situation is unique, and you should consult with a qualified family law attorney before making any decisions related to your case.