638.52
. (a) A peace officer may make an application to a magistrate
for an order or an extension of an order authorizing or approving
the installation and use of a pen register or a trap and trace
device. The application shall be in writing under oath or equivalent
affirmation, and shall include the identity of the peace officer
making the application and the identity of the law enforcement agency
conducting the investigation. The applicant shall certify that the
information likely to be obtained is relevant to an ongoing criminal
investigation and shall include a statement of the offense to which
the information likely to be obtained by the pen register or trap and
trace device relates.
(b) The magistrate shall enter an ex parte order authorizing the
installation and use of a pen register or a trap and trace device if
he or she finds that the information likely to be obtained by the
installation and use of a pen register or a trap and trace device is
relevant to an ongoing investigation and that there is probable cause
to believe that the pen register or trap and trace device will lead
to any of the following:
(1) Recovery of stolen or embezzled property.
(2) Property or things used as the means of committing a felony.
(3) Property or things in the possession of a person with the
intent to use them as a means of committing a public offense, or in
the possession of another to whom he or she may have delivered them
for the purpose of concealing them or preventing them from being
discovered.
(4) Evidence that tends to show a felony has been committed, or
tends to show that a particular person has committed or is committing
a felony.
(5) Evidence that tends to show that sexual exploitation of a
child, in violation of Section 311.3, or possession of matter
depicting sexual conduct of a person under 18 years of age, in
violation of Section 311.11, has occurred or is occurring.
(6) The location of a person who is unlawfully restrained or
reasonably believed to be a witness in a criminal investigation or
for whose arrest there is probable cause.
(7) Evidence that tends to show a violation of Section 3700.5 of
the Labor Code, or tends to show that a particular person has
violated Section 3700.5 of the Labor Code.
(8) Evidence that does any of the following:
(A) Tends to show that a felony, a misdemeanor violation of the
Fish and Game Code, or a misdemeanor violation of the Public
Resources Code, has been committed or is being committed.
(B) Tends to show that a particular person has committed or is
committing a felony, a misdemeanor violation of the Fish and Game
Code, or a misdemeanor violation of the Public Resources Code.
(C) Will assist in locating an individual who has committed or is
committing a felony, a misdemeanor violation of the Fish and Game
Code, or a misdemeanor violation of the Public Resources Code.
(c) Information acquired solely pursuant to the authority for a
pen register or a trap and trace device shall not include any
information that may disclose the physical location of the
subscriber, except to the extent that the location may be determined
from the telephone number. Upon the request of the person seeking the
pen register or trap and trace device, the magistrate may seal
portions of the application pursuant to People v. Hobbs (1994) 7
Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code.
(d) An order issued pursuant to subdivision (b) shall specify all
of the following:
(1) The identity, if known, of the person to whom is leased or in
whose name is listed the telephone line to which the pen register or
trap and trace device is to be attached.
(2) The identity, if known, of the person who is the subject of
the criminal investigation.
(3) The number and, if known, physical location of the telephone
line to which the pen register or trap and trace device is to be
attached and, in the case of a trap and trace device, the geographic
limits of the trap and trace order.
(4) A statement of the offense to which the information likely to
be obtained by the pen register or trap and trace device relates.
(5) The order shall direct, if the applicant has requested, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register or trap
and trace device.
(e) An order issued under this section shall authorize the
installation and use of a pen register or a trap and trace device for
a period not to exceed 60 days.
(f) Extensions of the original order may be granted upon a new
application for an order under subdivisions (a) and (b) if the
officer shows that there is a continued probable cause that the
information or items sought under this subdivision are likely to be
obtained under the extension. The period of an extension shall not
exceed 60 days.
(g) An order or extension order authorizing or approving the
installation and use of a pen register or a trap and trace device
shall direct that the order be sealed until otherwise ordered by the
magistrate who issued the order, or a judge of the superior court,
and that the person owning or leasing the line to which the pen
register or trap and trace device is attached, or who has been
ordered by the court to provide assistance to the applicant, not
disclose the existence of the pen register or trap and trace device
or the existence of the investigation to the listed subscriber or to
any other person, unless or until otherwise ordered by the magistrate
or a judge of the superior court, or for compliance with Sections
1054.1 and 1054.7.
(h) Upon the presentation of an order, entered under subdivisions
(b) or (f), by a peace officer authorized to install and use a pen
register, a provider of wire or electronic communication service,
landlord, custodian, or other person shall immediately provide the
peace officer all information, facilities, and technical assistance
necessary to accomplish the installation of the pen register
unobtrusively and with a minimum of interference with the services
provided to the party with respect to whom the installation and use
is to take place, if the assistance is directed by the order.
(i) Upon the request of a peace officer authorized to receive the
results of a trap and trace device, a provider of a wire or
electronic communication service, landlord, custodian, or other
person shall immediately install the device on the appropriate line
and provide the peace officer all information, facilities, and
technical assistance, including installation and operation of the
device unobtrusively and with a minimum of interference with the
services provided to the party with respect to whom the installation
and use is to take place, if the installation and assistance is
directed by the order.
(j) Unless otherwise ordered by the magistrate, the results of the
pen register or trap and trace device shall be provided to the peace
officer at reasonable intervals during regular business hours for
the duration of the order.
(k) The magistrate, before issuing the order pursuant to
subdivision (b), may examine on oath the person seeking the pen
register or the trap and trace device, and any witnesses the person
may produce, and shall take his or her affidavit or their affidavits
in writing, and cause the affidavit or affidavits to be subscribed by
the parties making them.