Criminal,
Constitutional Law
Sep. 13, 2021
Vehicle registered... to do what?
A recent case questions whether a single “co-registered” owner could validly consent to the tracking of a vehicle driven primarily by the other co-registered owner without that other owners knowledge or consent.
The holding in People v. Agnelli, 30-2020-01139174 (O.C. Super. Ct., filed July 13, 2021), is fairly simple and straight forward but should be noted by anyone representing a client charged with the unlawful use of a tracking device. The court in Agnelli held that Penal Code Section 637.7(a) is unconstitutionally vague as applied to a "co-registered" owner of a vehicle and reversed the conviction.
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