Penal code section 629.50-629.98




CALIFORNIA CODES



PENAL CODE



SECTION 629.50-629.98



















629.50.  Each application for an order authorizing the interception



of a wire, electronic digital pager, or electronic cellular telephone



communication shall be made in writing upon the personal oath or



affirmation of the Attorney General, Chief Deputy Attorney General,



or Chief Assistant Attorney General, Criminal Law Division, or of a



district attorney, to the presiding judge of the superior court or



one other judge designated by the presiding judge.  Each application



shall include all of the following information:



   (a) The identity of the investigative or law enforcement officer



making the application, and the officer authorizing the application.







   (b) The identity of the law enforcement agency that is to execute



the order.



   (c) A statement attesting to a review of the application and the



circumstances in support thereof by the chief executive officer, or



his or her designee, of the law enforcement agency making the



application.  This statement shall name the chief executive officer



or the designee who effected this review.



   (d) A full and complete statement of the facts and circumstances



relied upon by the applicant to justify his or her belief that an



order should be issued, including (1) details as to the particular



offense that has been, is being, or is about to be committed, (2) the



fact that conventional investigative techniques had been tried and



were unsuccessful, or why they reasonably appear to be unlikely to



succeed or to be too dangerous, (3) a particular description of the



nature and location of the facilities from which or the place where



the communication is to be intercepted, (4) a particular description



of the type of communication sought to be intercepted, and (5) the



identity, if known, of the person committing the offense and whose



communications are to be intercepted, or if that person's identity is



not known, then the information relating to the person's identity



that is known to the applicant.



   (e) A statement of the period of time for which the interception



is required to be maintained, and if the nature of the investigation



is such that the authorization for interception should not



automatically terminate when the described type of communication has



been first obtained, a particular description of the facts



establishing probable cause to believe that additional communications



of the same type will occur thereafter.



   (f) A full and complete statement of the facts concerning all



previous applications known, to the individual authorizing and to the



individual making the application, to have been made to any judge of



a state or federal court for authorization to intercept wire,



electronic digital pager, or electronic cellular telephone



communications involving any of the same persons, facilities, or



places specified in the application, and the action taken by the



judge on each of those applications.



   (g) If the application is for the extension of an order, a



statement setting forth the number of communications intercepted



pursuant to the original order, and the results thus far obtained



from the interception, or a reasonable explanation of the failure to



obtain results.



   The judge may require the applicant to furnish additional



testimony or documentary evidence in support of the application.



















629.51.  For the purposes of this chapter, the following terms have



the following meanings:



   (a) "Electronic digital pager communication" means any tone or



digital display or tone and voice pager communication.



   (b) "Electronic cellular telephone communication" means any



cellular or cordless radio telephone communication.



















629.52.  Upon application made under Section 629.50, the judge may



enter an ex parte order, as requested or modified, authorizing



interception of wire, electronic digital pager, or electronic



cellular telephone communications within the territorial jurisdiction



of the court in which the judge is sitting, if the judge determines,



on the basis of the facts submitted by the applicant, all of the



following:



   (a) There is probable cause to believe that an individual is



committing, has committed, or is about to commit, one of the



following offenses:



   (1) Importation, possession for sale, transportation, manufacture,



or sale of controlled substances in violation of Section 11351,



11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the



Health and Safety Code with respect to a substance containing heroin,



cocaine, PCP, methamphetamine, or their analogs where the substance



exceeds 10 gallons by liquid volume or three pounds of solid



substance by weight.



   (2) Murder, solicitation to commit murder, the commission of a



crime involving the bombing of public or private property, or



aggravated kidnapping, as specified in Section 209.



   (3) Conspiracy to commit any of the above-mentioned crimes.



   (b) There is probable cause to believe that particular



communications concerning the illegal activities will be obtained



through that interception, including, but not limited to,



communications that may be utilized for locating or rescuing a kidnap



victim.



   (c) There is probable cause to believe that the facilities from



which, or the place where, the wire, electronic digital pager, or



electronic cellular telephone communications are to be intercepted



are being used, or are about to be used, in connection with the



commission of the offense, or are leased to, listed in the name of,



or commonly used by the person whose communications are to be



intercepted.



   (d) Normal investigative procedures have been tried and have



failed or reasonably appear either to be unlikely to succeed if tried



or to be too dangerous.















629.54.  Each order authorizing the interception of any wire,



electronic digital pager, or electronic cellular telephone



communication shall specify all of the following:



   (a) The identity, if known, of the person whose communications are



to be intercepted, or if the identity is not known, then that



information relating to the person's identity known to the applicant.







   (b) The nature and location of the communication facilities as to



which, or the place where, authority to intercept is granted.



   (c) A particular description of the type of communication sought



to be intercepted, and a statement of the illegal activities to which



it relates.



   (d) The identity of the agency authorized to intercept the



communications and of the person making the application.



   (e) The period of time during which the interception is authorized



including a statement as to whether or not the interception shall



automatically terminate when the described communication has been



first obtained.















629.56.  (a) Upon informal application by the Attorney General,



Chief Deputy Attorney General, or Chief Assistant Attorney General,



Criminal Law Division, or a district attorney, the presiding judge of



the superior court or one other judge designated by the presiding



judge may grant oral approval for an interception, without an order,



if he or she determines all of the following:



   (1) There are grounds upon which an order could be issued under



this chapter.



   (2) There is probable cause to believe that an emergency situation



exists with respect to the investigation of an offense enumerated in



this chapter.



   (3) There is probable cause to believe that a substantial danger



to life or limb exists justifying the authorization for immediate



interception of a private wire, electronic digital pager, or



electronic cellular telephone communication before an application for



an order could with due diligence be submitted and acted upon.



   (b) Approval for an interception under this section shall be



conditioned upon filing with the judge, within 48 hours of the oral



approval, a written application for an order which, if granted



consistent with this chapter, shall also recite the oral approval



under this subdivision and be retroactive to the time of the oral



approval.















629.58.  No order entered under this chapter shall authorize the



interception of any wire, electronic digital pager, or electronic



cellular telephone communication for any period longer than is



necessary to achieve the objective of the authorization, nor in any



event longer than 30 days.  Extensions of an order may be granted,



but only upon application for an extension made in accordance with



Section 629.50 and upon the court making findings required by Section



629.52.  The period of extension shall be no longer than the



authorizing judge deems necessary to achieve the purposes for which



it was granted and in no event any longer than 30 days.  Every order



and extension thereof shall contain a provision that the



authorization to intercept shall be executed as soon as practicable,



shall be conducted so as to minimize the interception of



communications not otherwise subject to interception under this



chapter, and shall terminate upon attainment of the authorized



objective, or in any event at the time expiration of the term



designated in the order or any extensions.  In the event the



intercepted communication is in a foreign language, an interpreter of



that foreign language may assist peace officers in executing the



authorization provided in this chapter, provided that the interpreter



has the same training as any other intercepter authorized under this



chapter and provided that the interception shall be conducted so as



to minimize the interception of communications not otherwise subject



to interception under this chapter.















629.60.  Whenever an order authorizing an interception is entered,



the order shall require reports in writing or otherwise to be made to



the judge who issued the order showing what progress has been made



toward achievement of the authorized objective, or a satisfactory



explanation for its lack, and the need for continued interception.



If the judge finds that progress has not been made, that the



explanation for its lack is not satisfactory, or that no need exists



for continued interception, he or she shall order that the



interception immediately terminate.  The reports shall be made at the



intervals that the judge may require, but not less than one for each



period of 72 hours, and shall be made by any reasonable and reliable



means, as determined by the judge.















629.62.  (a) The Attorney General shall prepare and submit an annual



report to the Legislature, the Judicial Council, and the Director of



the Administrative Office of the United States Court on



interceptions conducted under the authority of this chapter during



the preceding year.  Information for this report shall be provided to



the Attorney General by any prosecutorial agency seeking an order



pursuant to this chapter.



   (b) The report shall include all of the following data:



   (1) The number of orders or extensions applied for.



   (2) The kinds of orders or extensions applied for.



   (3) The fact that the order or extension was granted as applied



for, was modified, or was denied.



   (4) The period of interceptions authorized by the order, and the



number and duration of any extensions of the order.



   (5) The offense specified in the order or application, or



extension of an order.



   (6) The identity of the applying law enforcement officer and



agency making the application and the person authorizing the



application.



   (7) The nature of the facilities from which or the place where



communications were to be intercepted.



   (8) A general description of the interceptions made under the



order or extension, including (A) the approximate nature and



frequency of incriminating communications intercepted, (B) the



approximate nature and frequency of other communications intercepted,



(C) the approximate number of persons whose communications were



intercepted, and (D) the approximate nature, amount, and cost of the



manpower and other resources used in the interceptions.



   (9) The number of arrests resulting from interceptions made under



the order or extension, and the offenses for which arrests were made.







   (10) The number of trials resulting from the interceptions.



   (11) The number of motions to suppress made with respect to the



interceptions, and the number granted or denied.



   (12) The number of convictions resulting from the interceptions



and the offenses for which the convictions were obtained and a



general assessment of the importance of the interceptions.



   (13) Except with regard to the initial report required by this



section, the information required by paragraphs (8) to (12),



inclusive, with respect to orders or extensions obtained in a



preceding calendar year.



   (14) Other data that the Legislature, the Judicial Council, or the



Director of the Administrative Office shall require.



   (c) The annual report shall be filed no later than April of each



year, and shall also include a summary analysis of the data reported



pursuant to subdivision (b).  The Attorney General may issue



regulations prescribing the content and form of the reports required



to be filed pursuant to this section by any prosecutorial agency



seeking an order to intercept wire, electronic digital pager, or



electronic cellular telephone communications.















629.64.  The contents of any wire or oral communication intercepted



by any means authorized by this chapter shall, if possible, be



recorded on tape or other comparable device.  The recording of the



contents of any wire or electronic cellular telephone communication



pursuant to this chapter shall be done in a way that will protect the



recording from editing or other alterations and ensure that the



audiotape recording can be immediately verified as to its



authenticity and originality and that any alteration can be



immediately detected.  In addition, the monitoring or recording



device shall be of a type and shall be installed to preclude any



interruption or monitoring of the interception by any unauthorized



means.  Immediately upon the expiration of the period of the order,



or extensions thereof, the recordings shall be made available to the



judge issuing the order and sealed under his or her directions.



Custody of the recordings shall be where the judge orders.  They



shall not be destroyed except upon an order of the issuing or denying



judge and in any event shall be kept for 10 years.  Duplicate



recordings may be made for use or disclosure pursuant to the



provisions of Sections 629.74 and 629.76 for investigations.  The



presence of the seal provided for by this section, or a satisfactory



explanation for the absence thereof, shall be a prerequisite for the



use or disclosure of the contents of any wire or electronic cellular



telephone communication or evidence derived therefrom under Section



629.78.















629.66.  Applications made and orders granted pursuant to this



chapter shall be sealed by the judge.  Custody of the applications



and orders shall be where the judge orders.  The applications and



orders shall be disclosed only upon a showing of good cause before a



judge and shall not be destroyed except on order of the issuing or



denying judge, and in any event shall be kept for 10 years.















629.68.  Within a reasonable time, but no later than 90 days, after



the termination of the period of an order or extensions thereof, or



after the filing of an application for an order of approval under



Section 629.56 which has been denied, the issuing judge shall cause



to be served upon persons named in the order or the application, and



other known parties to intercepted communications, an inventory which



shall include notice of all of the following:



   (a) The fact of the entry of the order.



   (b) The date of the entry and the period of authorized



interception.



   (c) The fact that during the period wire, electronic digital



pager, or electronic cellular telephone communications were or were



not intercepted.



   The judge, upon filing of a motion, may, in his or her discretion,



make available to the person or his or her counsel for inspection



the portions of the intercepted communications, applications, and



orders that the judge determines to be in the interest of justice.



On an ex parte showing of good cause to a judge, the serving of the



inventory required by this section may be postponed.  The period of



postponement shall be no longer than the authorizing judge deems



necessary to achieve the purposes for which it was granted.















629.70.  The contents of any intercepted wire, electronic digital



pager, or electronic cellular telephone communication or evidence



derived from it shall not be received in evidence or otherwise



disclosed in any trial, hearing, or other proceeding, except a grand



jury proceeding, unless each party, not less than 10 days before the



trial, hearing, or proceeding, has been furnished with a transcript



of the contents of the interception and with a copy of the court



order and accompanying application under which the interception was



authorized.  This 10-day period may be waived by the judge if he or



she finds that it was not possible to furnish the party with the



above information 10 days before the trial, hearing, or proceeding,



and that the party will not be prejudiced by the delay in receiving



that information.















629.72.  Any person in any trial, hearing, or proceeding, may move



to suppress some or all of the contents of any intercepted wire,



electronic digital pager, or electronic cellular telephone



communications, or evidence derived therefrom, only on the basis that



the contents or evidence were obtained in violation of the Fourth



Amendment of the United States Constitution or of this chapter.  The



motion shall be made, determined, and be subject to review in



accordance with the procedures set forth in Section 1538.5.















629.74.  The Attorney General, any Deputy Attorney General, district



attorney, or deputy district attorney, or any peace officer who, by



any means authorized by this chapter, has obtained knowledge of the



contents of any wire, electronic digital pager, or electronic



cellular telephone communication, or evidence derived therefrom, may



disclose the contents to one of the individuals referred to in this



section and to any investigative or law enforcement officer as



defined in subdivision (7) of Section 2510 of Title 18 of the United



States Code to the extent that the disclosure is permitted pursuant



to Section 629.82 and is appropriate to the proper performance of the



official duties of the individual making or receiving the



disclosure.  No other disclosure, except to a grand jury, of



intercepted information is permitted prior to a public court hearing



by any person regardless of how the person may have come into



possession thereof.











629.76.  The Attorney General, any deputy attorney general, district



attorney, or deputy district attorney, or any peace officer or



federal law enforcement officer who, by any means authorized by this



chapter, has obtained knowledge of the contents of any wire,



electronic digital pager, or electronic cellular telephone



communication, or evidence derived therefrom may use the contents or



evidence to the extent the use is appropriate to the proper



performance of his or her official duties and is permitted pursuant



to Section 629.82.











629.78.  Any person who has received, by any means authorized by



this chapter, any information concerning a wire, electronic digital



pager, or electronic cellular telephone communication, or evidence



derived therefrom, intercepted in accordance with the provisions of



this chapter, may, pursuant to Section 629.82, disclose the contents



of that communication or derivative evidence while giving testimony



under oath or affirmation in any criminal court proceeding or in any



grand jury proceeding.















629.80.  No otherwise privileged wire, electronic digital pager, or



electronic cellular telephone communication intercepted in accordance



with, or in violation of, the provisions of this chapter shall lose



its privileged character.  When a peace officer or federal law



enforcement officer, while engaged in intercepting wire, electronic



digital pager, or electronic cellular telephone communications in the



manner authorized by this chapter, intercepts wire, electronic



digital pager, or electronic cellular telephone communications that



are of a privileged nature he or she shall immediately cease the



interception for at least two minutes.  After a period of at least



two minutes, interception may be resumed for up to 30 seconds during



which time the officer shall determine if the nature of the



communication is still privileged.  If still of a privileged nature,



the officer shall again cease interception for at least two minutes,



after which the officer may again resume interception for up to 30



seconds to redetermine the nature of the communication.  The officer



shall continue to go online and offline in this manner until the time



that the communication is no longer privileged or the communication



ends.  The recording device shall be metered so as to authenticate



upon review that interruptions occurred as set forth in this chapter.















629.82.  (a) If a peace officer or federal law enforcement officer,



while engaged in intercepting wire, electronic digital pager, or



electronic cellular telephone communications in the manner authorized



by this chapter, intercepts wire, electronic digital pager, or



electronic cellular telephone communications relating to crimes other



than those specified in the order of authorization, but which are



enumerated in subdivision (a) of Section 629.52, (1) the contents



thereof, and evidence derived therefrom, may be disclosed or used as



provided in Sections 629.74 and 629.76 and (2) the contents and any



evidence derived therefrom may be used under Section 629.78 when



authorized by a judge if the judge finds upon subsequent application,



that the contents were otherwise intercepted in accordance with the



provisions of this chapter.  The application shall be made as soon as



practicable.



   (b) If a peace officer or federal law enforcement officer, while



engaged in intercepting wire, electronic digital pager, or electronic



cellular telephone communications in the manner authorized by this



chapter, intercepts wire, electronic digital pager, or electronic



cellular telephone communications relating to crimes other than those



specified in the order of authorization, the contents thereof, and



evidence derived therefrom, may not be disclosed or used as provided



in Sections 629.74 and 629.76, except to prevent the commission of a



public offense.  The contents and any evidence derived therefrom may



not be used under Section 629.78, except where the evidence was



obtained through an independent source or inevitably would have been



discovered, and the use is authorized by a judge who finds that the



contents were intercepted in accordance with this chapter.



   (c) The use of the contents of an intercepted wire, electronic



digital pager, or electronic cellular telephone communication



relating to crimes other than that specified in the order of



authorization to obtain a search or arrest warrant entitles the



person named in the warrant to notice of the intercepted wire,



electronic digital pager, or electronic cellular telephone



communication and a copy of the contents thereof which were used to



obtain the warrant.











629.84.  Any violation of this chapter is punishable by a fine not



exceeding two thousand five hundred dollars ($2,500), or by



imprisonment in the county jail not exceeding one year, or by



imprisonment in the state prison, or by both such fine and



imprisonment in the county jail or in the state prison.















629.86.  Any person whose wire, electronic digital pager, or



electronic cellular telephone communication is intercepted,



disclosed, or used in violation of this chapter shall have the



following remedies:



   (a) Have a civil cause of action against any person who



intercepts, discloses, or uses, or procures any other person to



intercept, disclose, or use, the communications.



   (b) Be entitled to recover, in that action, all of the following:







   (1) Actual damages but not less than liquidated damages computed



at the rate of one hundred dollars ($100) a day for each day of



violation or one thousand dollars ($1,000), whichever is greater.



   (2) Punitive damages.



   (3) Reasonable attorney's fees and other litigation costs



reasonably incurred.



   A good faith reliance on a court order is a complete defense to



any civil or criminal action brought under this chapter, or under



Chapter 1.5 (commencing with Section 630) or any other law.















629.88.  Nothing in Section 631, 632.5, 632.6, or 632.7 shall be



construed as prohibiting any peace officer or federal law enforcement



officer from intercepting any wire, electronic digital pager, or



electronic cellular telephone communication pursuant to an order



issued in accordance with the provisions of this chapter.  Nothing in



Section 631, 632.5, 632.6, or 632.7 shall be construed as rendering



inadmissible in any criminal proceeding in any court or before any



grand jury any evidence obtained by means of an order issued in



accordance with the provisions of this chapter.  Nothing in Section



637 shall be construed as prohibiting the disclosure of the contents



of any wire, electronic digital pager, or electronic cellular



telephone communication obtained by any means authorized by this



chapter, if the disclosure is authorized by this chapter.  Nothing in



this chapter shall apply to any conduct authorized by Section 633.















629.89.  No order issued pursuant to this chapter shall either



directly or indirectly authorize covert entry into or upon the



premises of a residential dwelling, hotel room, or motel room for



installation or removal of any interception device or for any other



purpose.  Notwithstanding that this entry is otherwise prohibited by



any other section or code, this chapter expressly prohibits covert



entry of a residential dwelling, hotel room, or motel room to



facilitate an order to intercept wire, electronic digital pager, or



electronic cellular telephone communications.















629.90.  An order authorizing the interception of a wire, electronic



digital pager, or electronic cellular telephone communication shall



direct, upon request of the applicant, that a public utility engaged



in the business of providing communications services and facilities,



a landlord, custodian, or any other person furnish the applicant



forthwith all information, facilities, and technical assistance



necessary to accomplish the interception unobtrusively and with a



minimum of interference with the services which the public utility,



landlord, custodian, or other person is providing the person whose



communications are to be intercepted.  Any such public utility,



landlord, custodian, or other person furnishing facilities or



technical assistance shall be fully compensated by the applicant for



the reasonable costs of furnishing the facilities and technical



assistance.











629.91.  A good faith reliance on a court order issued in accordance



with this  chapter by any public utility, landlord, custodian, or



any other person furnishing information, facilities, and technical



assistance as directed by the order  is a complete defense to any



civil or criminal action brought under this chapter, Chapter 1.5



(commencing with Section 630), or any other law.















629.92.  Notwithstanding any other provision of law, any court to



which an application is made in accordance with this chapter may take



any evidence, make any finding, or issue any order required to



conform the proceedings or the issuance of any order of authorization



or approval to the provisions of the Constitution of the United



States, any law of the United States, or this chapter.















629.94.  (a) The Commission on Peace Officer Standards and Training,



in consultation with the Attorney General, shall establish a course



of training in the legal, practical, and technical aspects of the



interception of private wire, electronic digital pager, or electronic



cellular telephone communications and related investigative



techniques.



   (b) The Attorney General shall set minimum standards for



certification and periodic recertification of the following persons



as eligible to apply for orders authorizing the interception of



private wire, electronic digital pager, or electronic cellular



telephone communications, to conduct the interceptions, and to use



the communications or evidence derived from them in official



proceedings:



   (1) Investigative or law enforcement officers.



   (2) Other persons, when necessary, to provide linguistic



interpretation who are designated by the Attorney General, Chief



Deputy Attorney General, or Chief Assistant Attorney General,



Criminal Law Division, or the district attorney and are supervised by



an investigative or law enforcement officer.



   (c) The Commission on Peace Officer Standards and Training may



charge a reasonable enrollment fee for those students who are



employed by an agency not eligible for reimbursement by the



commission to offset the costs of the training.  The Attorney General



may charge a reasonable fee to offset the cost of certification.















629.96.  If any provision of this chapter, or the application



thereof to any person or circumstances, is held invalid, the



remainder of the chapter, and the application of its provisions to



other persons or circumstances, shall not be affected thereby.



















629.98.  This chapter shall remain in effect only until January 1,



2003, and as of that date is repealed.
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