Section 629.50 Of Chapter 1.4. Interception Of Wire, Electronic Digital Pager, Or Electronic Cellular Telephone Communications From California Penal Code >> Title 15. >> Part 1. >> Chapter 1.4.
629.50
. (a) Each application for an order authorizing the
interception of a wire or electronic 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, or the
person designated to act as district attorney in the district
attorney's absence, to the presiding judge of the superior court or
one other judge designated by the presiding judge. An ordered list of
additional judges may be authorized by the presiding judge to sign
an order authorizing an interception. One of these judges may hear an
application and sign an order only if that judge makes a
determination that the presiding judge, the first designated judge,
and those judges higher on the list are unavailable. Each application
shall include all of the following information:
(1) The identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application.
(2) The identity of the law enforcement agency that is to execute
the order.
(3) 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.
(4) 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 (A) details as to the particular
offense that has been, is being, or is about to be committed, (B) 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, (C) a particular description of the
nature and location of the facilities from which or the place where
the communication is to be intercepted, (D) a particular description
of the type of communication sought to be intercepted, and (E) 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.
(5) 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.
(6) 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 or
electronic 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. This requirement
may be satisfied by making inquiry of the California Attorney General
and the United States Department of Justice and reporting the
results of these inquiries in the application.
(7) 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.
(8) An application for modification of an order may be made when
there is probable cause to believe that the person or persons
identified in the original order have commenced to use a facility or
device that is not subject to the original order. Any modification
under this subdivision shall only be valid for the period authorized
under the order being modified. The application for modification
shall meet all of the requirements in paragraphs (1) to (6),
inclusive, and shall include a statement of the results thus far
obtained from the interception, or a reasonable explanation for the
failure to obtain results.
(b) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of an application for an
order under this section.
(c) The judge shall accept a facsimile copy of the signature of
any person required to give a personal oath or affirmation pursuant
to subdivision (a) as an original signature to the application. The
original signed document shall be sealed and kept with the
application pursuant to the provisions of Section 629.66 and custody
of the original signed document shall be in the same manner as the
judge orders for the application.