SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Electronic Communications Privacy Act, 18 U.S.C. §§ 2701 et
seq.
18 U.S.C. § 2701 refers to 18 U.S.C. § 2501, subdivision
(15) of which defines “electronic communication service”
as a “service which provides to users thereof the ability to
send or receive wire or electronic communications.”
18 U.S.C. § 2501(1), (18): “Wire communication” includes
“any aural transfer (i.e., one containing the human voice)
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable,
or other like connection between the point of origin and the
point of reception (including the use of such connection in
a switching station) . . . .”
This includes telephone conversations. (Briggs v.
American Air Filter Co., Inc. (5 th Cir. 1980) 630
F.2 nd 414; United States v. Harpel (10 th Cir. 1974)
493 F.2 nd 346.)
A “foreign corporation” is one that is qualified to do business in
California pursuant to Corp. Code § 2105, although based in
another state.
Per Corp. Code § 2105, foreign corporations must consent
to service of process as a condition of doing business in
California.
“Properly served’ means that a search warrant has been delivered
by hand, or in a manner reasonably allowing for proof of delivery
if delivered by United States mail, overnight delivery service, or
facsimile to a person or entity listed in Section 2110 of the
Corporations Code.” (P.C. § 1524.2(a)(6))
Corp. Code § 2110 requires that an agent, in California,
identified by the corporation as the person responsible for
accepting service of process, including search warrants, be
served.
The foreign corporation is required to provide the information
requested within five (5) business days, which may be shortened or
extended upon a showing of good cause, and to authenticate such
records, thus making them admissible in court per Evid. Code §§
1561, 1562. (P.C. § 1524.2(b))
© 2012 Robert C. Phillips. All rights reserved
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