In California, police can tap your phone, but they must follow procedures to make it legal. California is a two-party consent state, meaning both people involved in a conversation must consent to any recording.
Privately, you cannot record your phone conversations with your friends, family, or anyone else without first getting their permission. However, law enforcement has different rules. If the police do not take the necessary steps to tap your phone, any evidence they collect may be thrown out during the trial.
The police must get a warrant to tap your phone
Before you can tap your phone, the police must obtain a warrant from a judge. There are strict rules for when the judge can give the police permission to tap your phone. First, the judge must determine that there is probable cause that you are committing, have committed, or are about to commit a serious crime.
The only crimes that warrant a police wiretap include:
- Murder
- Drug production or trade
- Kidnapping
- Terrorism
- Gang crimes
If the police suspect that you are stealing a car and petition the judge to tap your phone, the judge cannot issue the required warrant. Grand theft auto is not one of those crimes that can be investigated using wiretapping.
The police must also show the judge that there is probable cause to tap your phone, this will assist in the investigation AND that standard procedures have been attempted or are unlikely to result in an arrest.
All police interceptions are limited
The police may conduct an interception before obtaining permission. But any communication intercepted before it is properly authorized is inadmissible in court. However, all police listening orders apply for a limited period.
If the police conduct a wiretap before applying for a warrant, they can only continue the wiretap for 30 days after the first wiretap of information. A court order authorizing the tapping of telephone conversations is only valid for ten days from the date of authorization. Without an extension, the police are expected to stop monitoring your phone after the 30 or 10 day period, whichever comes first.
If the wiretap appears to be working, but police think they need more time, they can request a 30-day extension of a warrant.
The police must inform you of an eavesdropping practice
Once they have a warrant, police can track your calls for evidence. However, when the interception period expires, the police must inform you that they have intercepted your communications. Even if the law enforcement agency's request for a wiretap is denied, the police must notify you of a wiretap.
This notice must include the following:
- The date of the wiretap warrant.
- The duration of the interception.
- Whether communications were monitored.
If you are arrested following a wiretap, the police must hand over any footage that contains evidence against you, as well as any footage that could help your case (also called "exculpatory evidence").
The police must have met all the required criteria to use evidence from a telephone tap against you. If there were flaws in the wiretapping process or in the procedures for obtaining court approval, you can challenge the wiretapping in court. Your attorney can file a motion to suppress evidence at trial on the grounds that the wiretap was illegal or insufficient. If the judge grants your request, all evidence from the wiretap will be discarded and cannot be used against you in court.
If you have received a report that the police have tapped your phone in Glendale, California, you need the help of an experienced criminal defense team. The Chambers Law Firm can defend you against the charges you face and suppress conversations unlawfully obtained by law enforcement. Call us today714-760-4088or email dchambers@clfca.com to schedule an initial meeting.
FAQs
California wiretapping laws make exception for intentionally recording the communications of someone who is violating a restraining order you had issued for protection against domestic violence. You can request that the restraining order includes terms that allow you to record communications that violate the order.
What is the law 148g? ›
California Penal Code 148(g) PC states that photographing or recording law enforcement does not constitute resisting or obstructing a police officer as long as the officer is in a public place or the person with the camera has the right to be there. The police may not detain or arrest the person merely for taping them.
Can the police tap your phone without having it? ›
If government officials have evidence against you pertaining to a crime, then they could tap your phone without your knowledge but would then have to deliver the evidence to the court when you go to trial.
Can police tap your phone in California? ›
In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony.
What three kinds of communications are protected by the Wiretap Act? ›
General Provisions
The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers.
What is the statute of limitations on wiretapping in California? ›
A lawsuit can be filed, even if the caller is from another state. As long as you are in California, you can bring an action. There is only a one-year statute of limitations for filing this lawsuit. Victims who file after the year has passed will have their case dismissed.
What is the California police Records Act? ›
The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so.
What is the difference between PC 69 and PC 148? ›
California Penal Code §69 prohibits the use of threats or violence to keep executive officers from doing their jobs. It is closely related to resisting arrest under California Penal Code §148(a)(1). Unlike resisting arrest under Penal Code §148(a)(1), however, PC §69 requires actual violence, or a threat of violence.
Can you record police officers in California? ›
In California, is it legal to record the police while they're on duty? Simple answer: Yes, as long as they are actually on duty and you do not interfere with their official business.
What does *#21 do to your phone? ›
Dialing *#21# on a GSM network like AT&T or T-Mobile will tell you whether your calls and messages are being diverted to another number. Call **21* if you use Verizon, US Cellular, or another CDMA network to discover any unconditional call forwarding settings that may be used to tap your phone.
*#21# ➡️ To Check if the Phone is Being Tacked or Tapped
For added security, dialing *#21# on some Android phones will display whether your device microphone is enabled and if any applications currently hold the “RECORD_AUDIO” permission, which could potentially mean your conversations are being recorded unlawfully.
Can you tell if your phone is tapped by police? ›
Unusual sounds during calls
If there are clicking sounds, static, or distant voices coming through your phone during conversations, it could be a sign that someone is snooping on you. This isn't normal for today's phones on digital networks. If you're hearing fragmentary voices, your phone may have been tapped.
What are the wiretapping laws in California? ›
Wiretapping is a “wobbler” offense that can be charged as either a misdemeanor or a felony, which carries a maximum jail sentence of up to 3 years. In the state of California, there is a “two-party consent” law that means both parties have to give consent to record a conservation.
What is California's cell phone law? ›
As a general rule, drivers in California cannot use a handheld device while driving, but hands-free devices are acceptable. Drivers under 18 are prohibited from using a cell phone in any way while driving. California distracted driving law doesn't just result in penalties for violations.
What is the California cell phone privacy law? ›
California Invasion of Privacy Act (CIPA) requires businesses to get consent before engaging in communications (including via phone and internet) with California residents, and to refrain from using pen register or trap and trace devices without consent.
What are the exceptions to the California Invasion of Privacy Act? ›
Entities that are exempt from the CIPA include public utilities and correctional facilities. California Invasion of Privacy Act (CIPA) does not apply to: Public utilities (and their employees) that provide communications services or facilities for construction, maintenance, conduct, or operation purposes.
Is it illegal to voice record someone without their permission in California? ›
Unlike New York and New Jersey, California is a “two-party consent” state. This makes it illegal to record a private conversation unless all parties consent to the recording. A violation of the two-party consent provisions of the California Penal Code is a criminal misdemeanor and may also give rise to a civil lawsuit.
What is the legal standard of proof to get a wiretap? ›
To conduct wire or oral intercept: must show probable cause to believe violation of at least one offense under 18 USC 2516(1).
Does wiretapping violate the 4th Amendment? ›
The Katz decision (7-1) concluded that wiretaps and other types of electronic surveillance were unconstitutional because they violate an individual's right to be protected against unreasonable searches and seizures.
