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SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

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<strong>The</strong> issuing judge shall issue an order that shall require the<br />

requesting agency to serve:<br />

• Persons named in the order or application, <strong>and</strong><br />

• Other known parties to intercepted<br />

communications;<br />

An inventory which shall include notice of all of the<br />

following:<br />

• <strong>The</strong> fact of the entry of the order, <strong>and</strong><br />

• <strong>The</strong> date of the entry <strong>and</strong> the period of authorized<br />

interception, <strong>and</strong><br />

• <strong>The</strong> fact that during the period wire, electronic<br />

digital pager, or electronic communication, cellular<br />

telephone communications were or were not<br />

intercepted.<br />

Upon the filing of a motion, the judge may, in his or her<br />

discretion, make available to the person or his or her<br />

counsel for inspection the portions of the intercepted<br />

communications, applications <strong>and</strong> orders that the judge<br />

determines to be in the interest of justice.<br />

On an ex parte showing of good cause to a judge, the<br />

serving of the inventory required by this section may be<br />

postponed.<br />

<strong>The</strong> period of postponement shall be no longer than<br />

the authorizing judge deems necessary to achieve<br />

the purposes for which it was granted.<br />

P.C. § 629.70: Discovery Prerequisite to Use in Evidence:<br />

A criminal defendant shall be notified that he or she was<br />

identified as the result of an interception, such notice being<br />

before a plea of guilty or at least ten (10) days before trial,<br />

hearing or proceeding in the case other than an arraignment<br />

or gr<strong>and</strong> jury proceeding.<br />

© 2012 Robert C. Phillips. All rights reserved<br />

<strong>The</strong> defendant is also entitled to a copy of all recorded<br />

interceptions, a copy of the court order, <strong>and</strong> accompanying<br />

application <strong>and</strong> monitoring logs, at least ten (10) days<br />

354

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