Bunnell

In this criminal prosecution for misappropriation of public moneys by a public officer (Pen. Code, § 424), removal of public documents (Gov. Code, § 6200), and conspiracy to violate the personal liberty of another (§§ 182, 236), petitioner Michael D. Bunnell filed a petition for writ of prohibition or mandate in this court, challenging the trial court’s denial of his motion to suppress evidence assertedly obtained in violation of state and federal wiretapping laws and the Fourth Amendment. Petitioner contends inter alia the trial court erred in concluding the wiretap was permissible as conduct within the ordinary course of a law enforcement officer’s duties. We issued an alternative writ of mandate and stayed proceedings in the trial court. We shall conclude the federal wiretapping statutes bar admission of evidence obtained from the wiretap. We shall therefore issue a peremptory writ directing the trial court to vacate its order denying the suppression motion and to enter a new order granting the suppression motion as to the contents of the intercepted communications and any evidence derived therefrom.

Factual and Procedural Background

During 1991 and 1992, petitioner…