Section 1524.3 Of Chapter 3. Of Search Warrants From California Penal Code >> Title 12. >> Part 2. >> Chapter 3.
1524.3
. (a) A provider of electronic communication service or
remote computing service, as used in Chapter 121 (commencing with
Section 2701) of Title 18 of the United States Code, shall disclose
to a governmental prosecuting or investigating agency the name,
address, local and long distance telephone toll billing records,
telephone number or other subscriber number or identity, and length
of service of a subscriber to or customer of that service, the types
of services the subscriber or customer utilized, and the contents of
communication originated by or addressed to the service provider when
the governmental entity is granted a search warrant pursuant to
paragraph (7) of subdivision (a) of Section 1524.
(b) The search warrant shall be limited to only that information
necessary to achieve the objective of the warrant, including by
specifying the target individuals or accounts, the applications or
services, the types of information, and the time periods covered, as
appropriate.
(c) Information obtained through the execution of a search warrant
pursuant to this section that is unrelated to the objective of the
warrant shall be sealed and not be subject to further review without
an order from the court.
(d) (1) A governmental entity receiving subscriber records or
information under this section shall provide notice to a subscriber
or customer upon receipt of the requested records. The notification
may be delayed by the court, in increments of 90 days, upon a showing
that there is reason to believe that notification of the existence
of the search warrant may have an adverse result.
(2) An "adverse result" for purposes of paragraph (1) means any of
the following:
(A) Endangering the life or physical safety of an individual.
(B) Flight from prosecution.
(C) Tampering or destruction of evidence.
(D) Intimidation of a potential witness.
(E) Otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
(e) Upon the expiration of the period of delay for the
notification, the governmental entity shall, by regular mail or
email, provide a copy of the process or request and a notice, to the
subscriber or customer. The notice shall accomplish all of the
following:
(1) State the nature of the law enforcement inquiry with
reasonable specificity.
(2) Inform the subscriber or customer that information maintained
for the subscriber or customer by the service provider named in the
process or request was supplied to or requested by the governmental
entity, and the date upon which the information was supplied, and the
request was made.
(3) Inform the subscriber or customer that notification to the
subscriber or customer was delayed, and which court issued the order
pursuant to which the notification was delayed.
(4) Provide a copy of the written inventory of the property that
was taken that was provided to the court pursuant to Section 1537.
(f) A court issuing a search warrant pursuant to paragraph (7) of
subdivision (a) of Section 1524, on a motion made promptly by the
service provider, may quash or modify the warrant if the information
or records requested are unusually voluminous in nature or compliance
with the warrant otherwise would cause an undue burden on the
provider.
(g) A provider of wire or electronic communication services or a
remote computing service, upon the request of a peace officer, shall
take all necessary steps to preserve records and other evidence in
its possession pending the issuance of a search warrant or a request
in writing and an affidavit declaring an intent to file a warrant to
the provider. Records shall be retained for a period of 90 days,
which shall be extended for an additional 90-day period upon a
renewed request by the peace officer.
(h) No cause of action shall be brought against any provider, its
officers, employees, or agents for providing information, facilities,
or assistance in good faith compliance with a search warrant.