Two Houston Police officers were taken off duty after a suspect recorded video that seems to show someone putting an unauthorized tracking device on the suspect’s car. The officers—a sergeant with 18 years on the force and a nine-year Gang Division officer—are no longer doing field work but are still on paid leave. Internal Affairs is now investigating who put the device there and whether any rules or laws were broken, as reported by ABC13.
According to ABC13, Houston Police Department confirmed the two officers have surrendered their badges and lost access to police databases while the probe plays out. Sources told the station the tracking device was bought online and was not issued by the department, which would make its use a violation of Houston Police Department policy. ABC13 also reported that the officers have not been criminally charged and that Houston Police Department is not identifying them at this time.
What Texas Law Allows, And What It Does Not
Texas law makes it a crime to install an electronic tracking device on someone else’s vehicle without consent, but there is an exception for peace officers acting in the course of a criminal investigation or under a court order. The rule is set out in Texas Penal Code §16.06, which classifies unlawful installation as a Class A misdemeanor and details the available defenses and exemptions, according to Justia. That legal carveout means investigators will be scrutinizing whether any agency authorization or court order covered the use of the device.
Defense Attorney: Warrants Typically Required
Defense attorney Joe Vinas told ABC13 that officers generally obtain a warrant before placing a tracking device. "It's just like going into their house without a warrant or tapping their phone without a warrant," Vinas said, arguing that the Fourth Amendment protects against warrantless location tracking. Whether the officers' conduct rises to the level of criminal charges is one of the questions now on investigators' plates.
How This Fits A National Pattern
Small, inexpensive tracking gadgets, including Apple AirTags, have been turning up in abuse and stalking cases across the country, and some of those incidents have led to criminal charges or administrative suspensions for officers. In one widely reported example, a Miami-Dade patrol officer was charged after AirTags were discovered in an ex-girlfriend’s car, as reported by Local 10. Privacy advocates and lawmakers have been pushing for clearer rules around these easy-to-buy GPS tools amid growing concern over misuse.
What Happens Next
Internal Affairs will carry out an administrative investigation that could lead to discipline, decertification, or a referral to prosecutors if evidence of criminal conduct surfaces. Any criminal case would be evaluated under the elements outlined in Texas Penal Code §16.06, per Justia. HPD Houston Police Department has not publicly named the officers, and the department has not released further details about the investigation.
