SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

A civil cause of action against any person who
intercepts, discloses, or uses, or procures any other
person to intercept, disclose, or use the
communications.
Be entitled to recover, in that action, all of the
following:
o Actual damages, but not less than liquidated
damages computed at the rate of one
hundred dollars ($100.00) a day for each day
of violation, or one thousand ($1,000.00),
whichever is greater; and
o Punitive damages; and
o Reasonable attorney’s fees and other
litigation costs reasonably incurred.
A good faith reliance on a court order is a complete defense
to any civil or criminal action brought under this Chapter,
or under Chapter 1.5 (P.C. §§ 630 et seq.; Eavesdropping),
or any other law.
P.C. § 629.88: Effects of Other Statutes:
Nothing in P.C. §§ 631 (Wiretapping), 632.5 (Intercepting
or Receiving Cellular Radio Telephone Communications),
632.6 (Intercepting or receiving Cordless Telephone
Communications), or 632.7 (Recording Communications
Via Cellular Radio, Cordless, or Landline Telephone
Without Consent of All Parties) shall be construed as:
Prohibiting any peace officer or federal law
enforcement officer from intercepting of any wire,
electronic digital pager, or electronic cellular
telephone communication pursuant to an order
issued in accordance with the provisions of this
Chapter, or
Rendering inadmissible in any criminal proceeding
in any court or before any grand jury any evidence
obtained by means of an order issued in accordance
with the provisions of this Chapter.
© 2012 Robert C. Phillips. All rights reserved
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