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SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

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specified in P.C. §§ 1523 & 1530, <strong>and</strong> 830.11 during the<br />

course <strong>and</strong> within the scope of their employment, if they<br />

receive a course in the exercise of that power pursuant to<br />

P.C.§ 832.<br />

Subd. (a)(1): Persons employed as investigators of<br />

an auditor-controller or director of finance of any<br />

county, or persons employed by a city <strong>and</strong> county<br />

who conduct investigations under the supervision of<br />

the controller of the city <strong>and</strong> county, who are<br />

regularly employed <strong>and</strong> paid in that capacity,<br />

provided that the primary duty of these persons<br />

shall be to engage in investigations related to the<br />

theft of funds or the misappropriation of funds or<br />

resources, or investigations related to the duties of<br />

the auditor-controller or finance director as set forth<br />

in Gov’t. Code §§ 26880 et seq., 26900 et seq.,<br />

26970 et seq., <strong>and</strong> 26980 et seq.<br />

Subd. (a)(2): Persons employed by the Department<br />

of Justice as investigative auditors, provided that the<br />

primary duty of these persons shall be to investigate<br />

financial crimes. Investigative auditors shall only<br />

serve warrants for the production of documentary<br />

evidence held by financial institutions, Internet<br />

service providers, telecommunications companies,<br />

<strong>and</strong> third parties who are not reasonably suspected<br />

of engaging or having engaged in criminal activity<br />

related to the documentary evidence for which the<br />

warrant is requested.<br />

V.C. § 21100.4(a)(1): A “designated local transportation<br />

officer,” for the purpose of seizing <strong>and</strong> causing the removal<br />

of a vehicle operated as a taxicab or other passenger vehicle<br />

for hire upon establishing in an affidavit reasonable cause<br />

to believe that said vehicle is being operated in violation of<br />

licensing requirements adopted by a local authority under<br />

V.C. § 21100(b).<br />

A “designated local transportation officer” means<br />

any local public officer employed by a local<br />

authority to investigate <strong>and</strong> enforce local taxicab<br />

<strong>and</strong> vehicle for hire laws <strong>and</strong> regulations.<br />

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

Federal criminal investigator <strong>and</strong> federal law enforcement officers<br />

are not California peace officers. (See P.C. 830.8(a))<br />

372

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