California Wiretap Law

California allows communications to be tapped if done so legally.

The California Wiretap Act of 1989 made it legal for law enforcers to tap communication devices for the purposes of solving specific crimes. Evidence gained by wiretapping, if done so legally, may be used in a court of law. Recent amendments have expanded the reach of the Act. However, it is still illegal for a person within the general public to record a private conversation in any way without the consent of the parties involved.

Early History

Wiretapping can be used to stop violent crimes.

The California Wiretap Act was officially passed in 1989 and granted law enforcement officers the right to use wiretapping while investigating certain types of crimes. Under California Penal Code 629.52, wiretapping could only be used to prevent murder, kidnapping, or drug trafficking. In terms of drug trafficking, wiretapping could only be utilized if more than 3 pounds of heroin, PCP, cocaine, or methamphetamine were being trafficked. Other controlled substances, like marijuana, were not covered under the Act.

Notice

After wiretapping has been done, California law states that any individual that has been tapped must be made aware of such under Penal Code 629.68, regardless if any criminal charges or filed or not. In terms of court trials and hearings, California law also states that transcripts of the tapped communication must be provided. Under Penal Code 629.70, all evidence obtained by wiretapping is inadmissible until a transcript is provided. Parties within the court trial or hearing must also be provided with the court order and application for the wiretapping.

Privacy

Recording private conversations without consent is a crime.

Under California Penal Code 632, it is illegal for a person in the public to record or eavesdrop on any form of confidential conversation without the consent of all parties involved. If one or more of the parties involved is reasonably unaware that the conversation is being recorded, even in a public setting, the recording is considered a crime. Violating the California wiretapping law can result in criminal prosecution as well as a civil lawsuit under Penal Code 637.2.

Limitations

The California Wiretapping Act states that wiretapping can only be done if all other investigative procedures have failed, or are deemed too dangerous or worthless. In California, only the District Attorney could authorize the application for wiretapping. If a court discovers that the proper authorization was not given, or that wiretapping was done when other means of investigation were available, then all intercepted communication and the evidence gathered from it may be suppressed.

Recent Developments

Texting, e-mailing, and instant messaging may soon be tapped.

A bill under consideration in the state legislature in June 2010 would expand wiretapping in California to e-mails, text messages, instant messaging and other types of electronic communication that wasn't around when the act was first passed. Sen. Fran Pavley introduced the bill upon the request of the Los Angeles County district's attorney office. Prior to this bill, only phone calls and digital pages could be monitored.

References

• Los Angeles County Public Defender: Brief Overview of the Wiretap Law
• Fresno Bee: Bill Adds Texting, E-mails to Calif. Wiretap Law
• Gannett: News Watch
• Citizen Media Law Project: California Recording Law

Resources

• MIT CSAIL: Wiretapping and the Digital Telephony Bill
• Call Corder: What Is Telephone Tapping