California Penal Code

§ 638.52

PEN § 638.52 Effective Sep 27, 2022Title 15 · Part 1 · Ch. 1.5

Statute text

(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 the magistrate 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.

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Legislative history

Amended by Stats. 2022, Ch. 627, Sec. 5. (AB 1242) Effective September 27, 2022.