MARTIN COUNTY, Florida (WPBF) -- The Martin County Sheriff's Office arrested a man accused of using a tracking device to stalk a woman for nearly a month.
According to the probable cause statement, the man is accused of putting a tracking device in the woman's car to stalk her for three weeks. The woman told investigators the two used to be in a relationship and she had noticed him following her as far as Orlando before she suspected the device.
The MCSO arrested Grant Guidry on charges of stalking and installing a tracking device.
WPBF 25 News caught up with Martin County Sheriff John Budensiek to better understand how the devices are used and how they can be identified.
Budensiek said that as technology continues advancing, he expects to see more of these tracking devices. The sheriff said they're often hard to find, especially if the victim doesn't suspect they're being followed.
"Tracking devices are not like they are in the movies; they are smaller and smaller. I mean some of them can be as small as something to track a package," Budensiek said.
He used the Apple AirTag as an example of how small the device can be.
"Tracking devices really now come in all shapes and sizes. You can disguise them and hide them in different locations," he told WPBF.
As for how to identify them or check for them, he said, knowing what exactly to look for or where exactly to look becomes harder as the devices get smaller and easier to conceal.
"We've seen them dropped in purses; we've seen them dropped in cars. You've got to be real careful with these devices. When you take your car in for an oil change, it's not a bad idea to have your mechanics take a good once-over of the car," he said.
If someone feels they might be being tracked, he said to document it and report the issue to law enforcement.
"If you have an individual that you're having issues with, and they're just appearing at different places where they shouldn't know you would be, then I would absolutely have your car searched thoroughly, and if you locate something, please contact the sheriff's office or whatever local law enforcement entities there. We'll do our best to track that back and try to make an arrest and keep this from continuing to happen," Budensiek told WPBF.
The sheriff said it's important for people to know the laws when it comes to tracking devices because they aren't as clear-cut as one might think.
Florida law states several examples of when it's legal to use a tracking device.
1. A law enforcement officer as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that lawfully installs, places, or uses a tracking device or tracking application on another person's property as part of a criminal investigation.
2. A parent or legal guardian of a minor child who installs, places, or uses a tracking device or tracking application on the minor child's property if:
The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation, placement, or use of the tracking device or tracking application; The parent or legal guardian is the sole surviving parent or legal guardian of the minor child; The parent or legal guardian has sole custody of the minor child; or The parents or legal guardians are divorced, separated, or otherwise living apart and both consent to the installation, placement, or use of the tracking device or tracking application.
3. A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person's or disabled adult's treating physician certifies that the installation or placement of a tracking device or tracking application onto the elderly person's or disabled adult's property or the use of a tracking device or tracking application to determine the location or movement of the elderly person or disabled person or his or her property is necessary to ensure the safety of the elderly person or disabled adult.
4. A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator.
5. An owner or lessee of a motor vehicle that installs, places, or uses, or directs the installation, placement, or use of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that:
The tracking device or tracking application is removed before the vehicle's title is transferred or the vehicle's lease expires; The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; or The owner of the vehicle at the time of the installation or placement of the tracking device or tracking application was the original manufacturer of the vehicle and the next owner of the vehicle was informed of the location and how to remove the device before the vehicle title is transferred. If a person is found to have violated those exemptions, they could be charged with a felony.
Budensiek said in this most recent case, the device helped them to be able to arrest the suspect since they had physical evidence. However, he said stalking cases can be extremely hard to prove.
"You have to have almost a confession from the stalker or video surveillance that shows them coming by at weird times, showing up in places that they ought not be," he said.
Budensiek said public places are where it becomes difficult to prove if a person is actually stalking someone.
"Just happening to end up in the same place as the person that you're trying to follow is really hard to prove that they didn't just accidentally bump in each other. This case, he drove all the way to Orlando and just happened to be where she was. We know what he was doing, but we can't prove what he was doing," he said.
He said it's important for people to document instances where they feel someone might be stalking them and collect as much documentation and evidence for when they file a report.