Tracker on CBS is one of those shows that asks fans to suspend disbelief. Colter (Justin Hartley) has tremendous tracking skills. He isn’t a cop but carries a gun and often works with law enforcement. Sometimes, he’s met with pushback. Oftentimes, they relent when they realize how great he is at his job. In Season 2, Episode 19, “Rules of the Game,” he is even brought into a case by the FBI, who, like many others, are happy to “break protocol” to get his assistance, as if that would ever happen in real life.
There are so many things that Colter does while investigating cases that show his fearlessness. But one thing in particular that he does again and again has fans scratching their heads. Yes, even if it’s accepted that this is all make-believe for the sake of entertainment.
Colter Is a B\&E Expert in ‘Tracker’
In almost every episode of Tracker, Colter ends up breaking and entering to find clues that will help him locate the missing person. Usually, he’ll wind up at a house, and the door is already unlocked, even ajar. Depending on the location, in most places in the U.S., if a door is open, people are technically permitted to walk inside, as it’s perceived to grant implied consent for entry. But the law can be murky and situation-based, so take that with a grain of salt.
In any case, this only happens in some cases with Colter. Other times, he breaks down doors, picks locks, even hops fences, and finds whatever way he can to gain entry. Usually, when Colter finds someone dead in the home, that helps lead him to his next clue. But do these ends justify the means?
Usually, the police arrive on the scene afterward, especially if a dead body is involved and Colter calls them. Sometimes, the cops are even with Colter when he breaks in, either very weakly trying to stop him or rolling their eyes that at least they weren’t the ones to do it. What’s unusual is that Colter is never reprimanded or charged with breaking and entering, even though he is clearly committing this crime.
Even if the assumption is that his actions are for the greater good and helped take down a criminal and rescue a victim, the law doesn’t work that way. Even if they are charged with something, the homeowner or building owner could and should easily also charge Colter for breaking and entering.
What’s more, if he found evidence after unlawfully doing this, wouldn’t the evidence be considered inadmissible in court since it was discovered by unauthorized access without a warrant? If law enforcement can’t enter premises without a warrant, why can Colter, a private citizen, do so without repercussions or impacting the case? All it takes is a good lawyer for a criminal to use this obvious legal violation to have a case thrown out or at least question the methods of arrest and acquisition of information. Many of the people Colter has had arrested were wealthy, powerful individuals with pockets deep enough to afford high-end lawyers who would instantly hitch their wagons to this obvious defense.
Colter Would Be in and Out of Jail in ‘Tracker’
There have only been a few times in Tracker Season 1 when Colter faced any pushback for breaking and entering. In one case, he breaks into the back room of a business to check their security cameras when he is explicitly told he can’t. He winds up in jail, and Reenie (Fiona Rene) gets him out within hours. Perhaps the story would get old and repetitive if this were to happen every time. Instead, fans get to see the beginning, middle, and end of a case without worrying about what happens thereafter.
But in real life, Colter’s actions would not be allowed. Even if he suspected that the home or building contained information that could save a life, he couldn’t break in whenever he wanted. Further, as noted, these actions and the evidence found during them could create legal chaos regarding convicting criminals.
What’s even more ridiculous are instances, like in Season 2, Episode 18, “Collision,” when Colter is breaking and entering and working alongside a cop. In one scene, he is brought along for the ride as they are about to break into the home of a suspected killer. The officer looks to him for affirmation before she busts down the door, as if he’s the one leading the investigation and not her.
This breaking and entering is just one of many plot holes relating to Colter and his actions. What are some more? He has been permitted to interrogate a suspect at a police station. He joins the police and the FBI in hunts for killers, gun in hand, as though he is authorized to do so. One of the most unbelievable ones is how often Colter calls Bobby (Eric Graise) in front of cops when they tell him they must wait for approval to track a cell phone, location, or bank records. “I don’t have time for this,” he has said on many occasions, after which he calls Bobby and gets the answer he needs through unauthorized hacking.
These officers clearly know he’s working with illegal hackers, but they shrug it off as a necessity of the job. This would put the case and their own jobs on the line. Let’s not forget, as well, how Bobby can find the impossible in minutes, sometimes achieving feats that even the best hackers in the world can’t.
Not only is Colter never arrested for breaking and entering, but he also never sticks around for questioning. Once a case is done and the victim reunites with their family, Colter gets his check and says goodbye. He is never seen heading to the police station to give his version of events, even after he has clearly killed someone. Perhaps this part of the process is omitted from the show since it’s not essential. But there are times when he literally hops in his car and leaves for another state while police are still on the scene.
Given how many cases Colter has helped solve by breaking and entering, and the clear evidence that he has done so, it’s a wonder that there isn’t a long string of criminals who got off on charges and are hunting him down. Perhaps that’s fodder for a particularly exciting episode of the show in the future. Stream Tracker on Paramount+.
