Can a wiretap be ordered where there is probable cause to believe that an individual is committing, or about to commit, a crime?
California, United States of America
The following excerpt is from People v. Kennedy, B264661 (Cal. App. 2020):
California law prohibits wiretapping except as allowed by statute. (People v. Sedillo (2015) 235 Cal.App.4th 1037, 1053 (Sedillo).) A wiretap may be ordered where affidavits establish certain elements, including the one at issue here-probable cause to believe that an individual is committing, has committed, or is about to commit, certain specified crimes, including murder and attempted murder. (Id. at p. 1055; 629.52, subd. (a)(2),(6).)
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