In California, the police are allowed to tap your phone, but they have to follow procedures to do so legally. California is a two-party consent state, which means that both people involved in a conversation must consent to any recording.
Privately, you cannot tape your phone calls with your friends, family, or anyone else without first getting their agreement. However, law enforcement has different rules. If the police do not take the required steps to tap your phone, any evidence they collect can be thrown out at trial.
Police Must Obtain an Order to Tap Your Phone
Before they tap your phone, the police must obtain an order from a judge. There are strict rules for when the judge can grant police authorization to tap your phone. First, the judge must determine that probable cause exists that you are committing, have committed, or are about to commit a serious felony.
The only crimes that justify a police wiretap include:
- Murder
- Drug manufacturing or trafficking
- Kidnapping
- Terrorism
- Gang crimes
If the police believe you are about to steal a car and present a judge with a request to tap your phone, the judge cannot issue the required order. Grand theft auto is not one of the crimes that can be investigated using a wiretap.
The police also must show the judge that there is probable cause tapping your phone will assist in their investigation AND that standard procedures have been attempted or would be unlikely to lead to an arrest.
All Police Wiretaps are Limited
Police may set up a wiretap prior to obtaining authorization. But any communication intercepted before they receive proper permission will not be admissible in court. However, all police wiretap orders are for limited amounts of time.
If the police set up a wiretap before requesting an order, they can only keep the wiretap working 30 days after first intercepting any information. A judge’s order authorizing a wiretap is only valid for 10 days, starting with the authorization date. Without an extension, the police are supposed to end surveillance of your phone after the 30-day or 10-day period, whichever comes first.
If the wiretap seems to be working, but the police believe they need more time, they can request a 30-day extension of any authorization order.
Police Must Notify You of a Wiretap
Once they have an order, police may monitor your calls for evidence. However, once the wiretap period ends, the police must inform you that they intercepted your communications. Even if law enforcement’s application for a wiretap was rejected, police must give you notice of a wiretap.
This notice must include:
- The date of the order granting a wiretap.
- The duration of the wiretap.
- Whether any communications were monitored.
If you are arrested following a wiretap, police must turn over all recordings containing evidence against you, as well as any recordings that might help your case (known as “exculpatory evidence.”)
Police must have followed all of the required criteria to use evidence gathered by a wiretap against you. If there were deficiencies in their wiretap process or the procedures to obtain a judge’s authorization, you could challenge the wiretap in court. Your attorney can file a Motion to Suppress Evidence during a trial because the wiretap was illegal or insufficient. If the judge grants your motion, any evidence from the wiretap will be thrown out and cannot be used against you in court.
If you have received notice that the police tapped your phone in Glendale, California, you need the assistance of an experienced criminal defense team. Chambers Law Firm can defend you against the charges you are facing and suppress any conversations police illegally obtained. Call us today at 714-760-4088 or email dchambers@clfca.com to schedule an initial meeting.
FAQs
One of the key exceptions is where one party to the communication has given their consent to the interception or recording. This means that if you are a party to a conversation, you may legally record the conversation without the consent of the other parties.
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 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.
Can the police tap your phone without having it? ›
Tapping your phone is legal if you're aware that it's occurring. 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.
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.
Can you audio record someone without their knowledge in California? ›
In California, all parties to any confidential conversation must give their consent to be recorded. For calls occurring over cellular or cordless phones, all parties must consent before a person can record, regardless of confidentiality. Both civil and criminal penalties are available to victims of illegal recordings.
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.
What is the police transparency law in California? ›
A 'landmark bill'
In 2018, the California Legislature passed Senate Bill 1421, opening for the first time certain records related to police misconduct, including investigations of officers involved in sexual assault, dishonesty and use-of-force incidents, such as shootings.
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.
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 is the 3 digit number to see if your phone is tapped? ›
Fortunately, there's a code (netmonitor code) that helps you identify whether or not you're being tracked or tapped. To confirm this, dial any of the codes below for your phone's operating system: For Android devices, dial: *#*#197328640#*#* or *#*#4636#*#* For iPhones, dial: *3001#12345#*
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.
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 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.
