Author: David Gotfredson

SAN DIEGO — A new bill in the California State Assembly would allow law enforcement to search certain electronic devices without a warrant, focusing on surveillance cameras and tracking devices used in private areas.

Assembly Bill 358, introduced by Assemblyman David Alvarez (D-District 80) and sponsored by the San Diego County District Attorney's Office, has undergone significant changes since its initial introduction in January. "We cannot now allow technology, which has been very good for society, to be used for bad things," Alvarez said.

The bill, which originally included provisions for warrantless searches of cell phones found on deceased persons, has been amended to focus solely on hidden cameras and tracking devices planted in cars, bathrooms, or other private areas. "These are things like air tags, GPS trackers, small hidden cameras that are being misused to intimidate, control and manipulate victims," Alvarez explained.

San Diego County District Attorney Summer Stephan, whose office sponsored the bill, argues that the delay in obtaining search warrants can impede investigations and allow criminals to destroy evidence remotely. "Investigations have been impacted by the delay to get a search warrant," Stephan said. She added, "If somebody's been monitoring, which is what these devices are, then they are tipped off when that happens, and can erase and also, for some devices, when they power down, and you lose the information on them as well."

However, privacy advocates, including the American Civil Liberties Union (ACLU), oppose the bill. Jake Snow, an attorney with the ACLU of Northern California, testified against it in Sacramento. "In the Riley case, the Chief Justice of the Supreme Court mentioned an instance where law enforcement was able to get a warrant in only 15 minutes," Snow stated, questioning the necessity for warrantless searches.

Snow also raised concerns about the potential for abuse, saying, "If somebody goes to the police and says, 'Here's a device, cell phone, laptop, tablet.... they can just say, I think this is being used to track me.' And if they say that, then it's possible for the police to search that device without getting a warrant."

The bill still needs to pass through two more committees and be approved by both the Assembly and State Senate. If it is signed into law by the governor, it would go into effect in January 2026.