Interruption of Communication

Cal. PEN § 11471

California Statutes

(

a) Except as authorized by this article, no government entity, and no service provider acting at the request of a government entity, shall interrupt a communication service for either of the following purposes:

(1) To prevent the communication service from being used for an illegal purpose.

(2) To protect public health, safety, or welfare. (

b) A government entity may interrupt a communication service for a purpose stated in subdivision (

a) in any of the following circumstances:

(1) The interruption is authorized by a court order pursuant to

Section 11473.

(2) The government entity reasonably determines that (

A) the interruption is required to address an extreme emergency situation that involves immediate danger of death or great bodily injury, (

B) there is insufficient time, with due diligence, to first obtain a court order under

Section 11473, and (

C) the interruption meets the grounds for issuance of a court order under

Section 11473. A government entity acting pursuant to this paragraph shall comply with

Section 11475.

(3) Notwithstanding

Section 591, 631, or 632, or

Section of the Public Utilities Code, a supervising law enforcement official with jurisdiction may require that a service provider interrupt a communication service that is available to a person if (

A) the law enforcement official has probable cause to believe that the person is holding hostages and is committing a crime, or is barricaded and is resisting apprehension through the use or threatened use of force, and (

B) the purpose of the interruption is to prevent the person from communicating with anyone other than a peace officer or a person authorized by a peace officer. This paragraph does not authorize the interruption of communication service to a wireless device other than a wireless device used or available for use by the person or persons involved in a hostage or barricade situation.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 11471
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN11471.20173221

Interruption of Communication

Cal. PEN § 11471

California Statutes

Interruption of Communication

Cal. PEN § 11471

California Statutes

(

a) Except as authorized by this article, no government entity, and no service provider acting at the request of a government entity, shall interrupt a communication service for either of the following purposes:

(1) To prevent the communication service from being used for an illegal purpose.

(2) To protect public health, safety, or welfare. (

b) A government entity may interrupt a communication service for a purpose stated in subdivision (

a) in any of the following circumstances:

(1) The interruption is authorized by a court order pursuant to

Section 11473.

(2) The government entity reasonably determines that (

A) the interruption is required to address an extreme emergency situation that involves immediate danger of death or great bodily injury, (

B) there is insufficient time, with due diligence, to first obtain a court order under

Section 11473, and (

C) the interruption meets the grounds for issuance of a court order under

Section 11473. A government entity acting pursuant to this paragraph shall comply with

Section 11475.

(3) Notwithstanding

Section 591, 631, or 632, or

Section of the Public Utilities Code, a supervising law enforcement official with jurisdiction may require that a service provider interrupt a communication service that is available to a person if (

A) the law enforcement official has probable cause to believe that the person is holding hostages and is committing a crime, or is barricaded and is resisting apprehension through the use or threatened use of force, and (

B) the purpose of the interruption is to prevent the person from communicating with anyone other than a peace officer or a person authorized by a peace officer. This paragraph does not authorize the interruption of communication service to a wireless device other than a wireless device used or available for use by the person or persons involved in a hostage or barricade situation.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 11471
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN11471.20173221
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