Munoz

People v. Munoz

Good Law
104 Cal. Rptr. 2d 470·2001 Cal. App. LEXIS 118·2001 Daily Journal DAR 1977·87 Cal. App. 4th 239·2001 Cal. Daily Op. Serv. 1555
Court of Appeal of CaliforniaFebruary 26, 2001B136458California1,716 words

Opinion

Opinion

Grignon, J.

Penal Code section 629.50 permits a law enforcement agency to obtain an order authorizing the interception of wire, electronic digital pager, or electronic cellular telephone communications (wiretap) under certain limited circumstances. The application for a wiretap order must be made in writing “to the presiding judge of the superior court or one other judge designated by the presiding judge.” The presiding judge of the Los Angeles Superior Court designated a judge to review wiretap applications. In addition, the presiding judge of the Los Angeles Superior Court designated a second judge to review the applications if the first designated judge was unavailable. In the published portion of this opinion, we conclude this sequential designation was permitted under the statute and uphold a wiretap authorized by the second designated judge when the first designated judge was unavailable. In the unpublished portion of the opinion, we also conclude that the wiretap application established probable cause and necessity. We affirm.

Procedural Background

On July 25 1997, police obtained a wiretap for a pager believed to belong to a major supplier of cocaine. This wiretap led to…

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