SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

statutes. There is no expectation of privacy in such
information, per Smith v. Maryland (1979) 442
U.S. 735 [61 L.Ed.2 nd 220]. (United States v. Reed
(9 th Cir. 2009) 575 F.3 rd 900, 914-917.)
Custody of the recordings shall be where the judge orders.
Recordings shall be retained for a minimum of ten (10)
years, and shall be destroyed thereafter only upon an order
of the issuing or denying judge.
Duplicate recordings may be made for use or disclosure
pursuant to P.C. §§ 629.74 and 629.76 (below) for
investigations.
The sealing order may be oral or written, and the physical
sealing of the tapes need not be done in the judge’s
presence. (People v. Superior Court [Westbrook] (1993)
15 Cal.App.4 th 41, 47-51; discussing former P.C. § 629.14,
now § 629.64.)
P.C. § 629.66: Application and Orders to be Sealed:
The application and orders made pursuant to this chapter
shall be:
• Sealed by the judge.
• Kept where the judge orders.
• Disclosed only upon a showing of good cause
before a judge.
• may be made to the defendant and at trial.
• Retained for ten (10) years, and thereafter destroyed
only upon order of the issuing or denying judge.
P.C. § 629.68: Notice to Parties to Intercepted Communications:
Within a reasonable time, but no later than ninety (90)
days:
• After termination of the period of an order or
extensions thereof; or
• After filing of an application for an order of
approval under P.C. § 629.56 which has been
denied;
© 2012 Robert C. Phillips. All rights reserved
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