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Senate committee advances bill letting survivors authorize police to inspect discovered tracking devices
Summary
AB 358 (Alvarez) would create a narrow, victim-centered exception to CalECPA allowing law enforcement to inspect tracking or recording devices found by victims in private spaces with explicit consent; the committee passed the bill as amended and sent it to Appropriations.
The Senate Committee on Public Safety voted to pass AB 358, by Assemblymember Carlos Alvarez, as amended to the Appropriations Committee. Supporters described the bill as a narrowly drawn, victim-centered fix to the California Electronic Communications Privacy Act (CalECPA) that would let law enforcement immediately inspect tracking or surveillance devices found inside a survivor’s private space when the survivor gives explicit consent.
"CalECPA essentially provided a veto right to the perpetrator in this case," said Joel Madero, deputy district attorney and director of a technology-focused prosecution task force in San Diego, recounting a case in which spy cameras were found in vents in a young woman's room. Madero said delays to obtain warrants give perpetrators time to delete evidence and hamper prosecutions. He described the bill as "narrowly tailored with appropriate safeguards."
Assemblymember Alvarez said the bill preserves privacy rights while ensuring victims of stalking, domestic violence and trafficking can act quickly when they find an unauthorized device. The committee accepted technical and clarifying amendments that require an after-the-fact warrant option and provide remedies, and the author agreed to those changes on the record.
Civil-liberties organizations raised concerns before the committee but told members that they had worked with the author and were neutral following the amendments; Danny Kando Kizer of the Electronic Frontier Foundation said EFF moved to neutral after the author accepted the committee amendments. Support letters came from survivor networks and district attorneys’ offices; the California District Attorneys Association testified in support.
The committee voted to send AB 358 as amended to Appropriations for fiscal review.
