Section 638.53 Of Chapter 1.5. Invasion Of Privacy From California Penal Code >> Title 15. >> Part 1. >> Chapter 1.5.
638.53
. (a) Except as otherwise provided in this chapter, upon an
oral application by a peace officer, a magistrate may grant oral
approval for the installation and use of a pen register or a trap and
trace device, without an order, if he or she determines all of the
following:
(1) There are grounds upon which an order could be issued under
Section 638.52.
(2) There is probable cause to believe that an emergency situation
exists with respect to the investigation of a crime.
(3) There is probable cause to believe that a substantial danger
to life or limb exists justifying the authorization for immediate
installation and use of a pen register or a trap and trace device
before an order authorizing the installation and use can, with due
diligence, be submitted and acted upon.
(b) (1) By midnight of the second full court day after the pen
register or trap and trace device is installed, a written application
pursuant to Section 638.52 shall be submitted by the peace officer
who made the oral application to the magistrate who orally approved
the installation and use of a pen register or trap and trace device.
If an order is issued pursuant to Section 638.52, the order shall
also recite the time of the oral approval under subdivision (a) and
shall be retroactive to the time of the original oral approval.
(2) In the absence of an authorizing order pursuant to paragraph
(1), the use shall immediately terminate when the information sought
is obtained, when the application for the order is denied, or by
midnight of the second full court day after the pen register or trap
and trace device is installed, whichever is earlier.
(c) A provider of a wire or electronic communication service,
landlord, custodian, or other person who provides facilities or
technical assistance pursuant to this section shall be reasonably
compensated by the requesting peace officer's law enforcement agency
for the reasonable expenses incurred in providing the facilities and
assistance.