California · Penal Code

PEN §629.56: (a) Upon informal application by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or a district attorney, or the person designated to ac

Civil

What this law says, in plain English

This statute establishes procedures for judges to grant emergency oral approval for wire/electronic communication interception in criminal investigations when immediate action is necessary to prevent serious harm, with written application required within two business days.

Read the full statutory text

(a) Upon informal application by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or a district attorney, or the person designated to act as district attorney in the district attorney’s absence, the presiding judge of the superior court or the first available judge designated as provided in Section 629.50 may grant oral approval for an interception, without an order, if he or she determines all of the following: (1) There are grounds upon which an order could be issued under this chapter. (2) There is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in this chapter. (3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private wire or electronic communication before an application for an order could with due diligence be submitted and acted upon. (b) Approval for an interception under this section shall be conditioned upon filing with the judge, by midnight of the second full court day after the oral approval, a written application for an order which, if granted consistent with this chapter, shall also recite the oral approval under this subdivision and be retroactive to the time of the oral approval.

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