We all know the police generally must get a search warrant before they can search someone’s home and seize property. But do law enforcement personnel have to obtain a court order for a wiretap? If so, when is an order granted?
1. When can the police obtain a search warrant?
In general, police can obtain a search warrant by:
- appearing before a judge, and
- demonstrating “probable cause” that criminal activity is occurring at the location listed in the warrant.1
Note that judges have broad discretion in granting search warrants, and the criminal activity in question can be practically anything.
2. What about the requirements for a wiretap?
California’s wiretapping law, Penal Code 631, makes it illegal for private parties to wiretap phones. And it strictly limits the conditions under which even police can employ wiretaps as a law enforcement tool.2
A judge can only grant court orders for wiretaps when the police investigate the most serious crimes, such as murder or kidnapping. Even then, orders are only given after other, less intrusive investigative means have failed. And strict time limits govern how long a wiretap order can remain in effect.3
Note that, in general, Penal Code 631 makes it a crime for private parties to engage in wiretapping. A conviction can land a person in California state prison for up to 3 years.4 (Refer to our article about Police Standards for Informants in California.)
Legal References:
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- California Penal Code 1528 PC. See also People of the State of California v. Escamilla (1976) 65 Cal.App.3d 558.
- See California Penal Code 631 PC.
- See same.
- See same.
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