Section 629.82 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.
629.82
. (a) If a peace officer or federal law enforcement officer,
while engaged in intercepting wire or electronic communications in
the manner authorized by this chapter, intercepts wire or electronic
communications relating to crimes other than those specified in the
order of authorization, but which are enumerated in subdivision (a)
of Section 629.52, or any violent felony as defined in subdivision
(c) of Section 667.5, (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 or electronic communications in the
manner authorized by this chapter, intercepts wire or electronic
communications relating to crimes other than those specified in
subdivision (a), 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 or electronic
communication relating to crimes other than those 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 or
electronic communication and a copy of the contents thereof that were
used to obtain the warrant.