Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications

Cal. PEN § 629.52

California Statutes

Upon application made under

Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted 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, 11370.6, 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, fentanyl, or their precursors or analogs where the substance exceeds gallons by liquid volume or three pounds of solid substance by weight.

(2) Murder, solicitation to commit murder, a violation of

Section 209, or the commission of a felony involving a destructive device in violation of

Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755.

(3) A felony violation of

Section 186.22.

(4) A felony violation of

Section 11418, relating to weapons of mass destruction,

Section 11418.5, relating to threats to use weapons of mass destruction, or

Section 11419, relating to restricted biological agents.

(5) A violation of

Section 236.1.

(6) A felony violation of subdivision (

b) or (

d) of

Section 311.2 or subdivision (

b) or (

c) of

Section 311.4.

(7) An attempt or 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 or electronic 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 unlikely to succeed if tried or too dangerous. (

e) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing interception of wire or electronic communications for the purpose of investigating or recovering evidence of a prohibited violation, as defined in

Section 629.51.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 629.52
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN629.52.20243631

Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications

Cal. PEN § 629.52

California Statutes

Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications

Cal. PEN § 629.52

California Statutes

Upon application made under

Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted 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, 11370.6, 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, fentanyl, or their precursors or analogs where the substance exceeds gallons by liquid volume or three pounds of solid substance by weight.

(2) Murder, solicitation to commit murder, a violation of

Section 209, or the commission of a felony involving a destructive device in violation of

Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755.

(3) A felony violation of

Section 186.22.

(4) A felony violation of

Section 11418, relating to weapons of mass destruction,

Section 11418.5, relating to threats to use weapons of mass destruction, or

Section 11419, relating to restricted biological agents.

(5) A violation of

Section 236.1.

(6) A felony violation of subdivision (

b) or (

d) of

Section 311.2 or subdivision (

b) or (

c) of

Section 311.4.

(7) An attempt or 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 or electronic 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 unlikely to succeed if tried or too dangerous. (

e) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing interception of wire or electronic communications for the purpose of investigating or recovering evidence of a prohibited violation, as defined in

Section 629.51.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 629.52
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN629.52.20243631