Larkin

Lane and Lenka Larkin appeal judgments convicting them of bookmaking. (Pen. Code, § 337a, subd. 1.) They contend the trial court erred in not suppressing evidence obtained by the use of a telephone monitoring device (pen register) to identify outgoing calls they characterize as a prohibited wire tap (§ 631). A series of warrants were issued requesting the telephone company to install pen registers on various phone numbers suspected of being used for bookmaking activity. They claim that even if not an illegally used device, a warrant authorizing a 30-day use of the telephone monitor was invalid and there was insufficient evidence to support Lenka’s conviction. Larkin further argues any use of the pen register, even with a warrant, was unlawful. We affirm the judgment.

I

Preliminarily, we note the offenses here were committed after the June 1982 passage of Proposition 8, enacting article I, section 28, subdivision (d) of the California Constitution. Section 28(d) states, “Except as provided by statute hereafter enacted by a two-thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal proceeding . . .,” and…