Section 629.52 - [Effective Until 1/1/2025] Ex parte orderUpon application made under Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines, on the basis of the facts submitted by the applicant, all of the following:
(a) There is probable cause to believe that an individual is committing, has committed, or is about to commit, one of the following offenses:(1) Importation, possession for sale, transportation, manufacture, or sale of controlled substances in violation of Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code with respect to a substance containing heroin, cocaine, PCP, methamphetamine, fentanyl, or their precursors or analogs where the substance exceeds 10 gallons by liquid volume or three pounds of solid substance by weight.(2) Murder, solicitation to commit murder, a violation of Section 209, or the commission of a felony involving a destructive device in violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755.(3) A felony violation of Section 186.22.(4) A felony violation of Section 11418, relating to weapons of mass destruction, Section 11418.5, relating to threats to use weapons of mass destruction, or Section 11419, relating to restricted biological agents.(5) A violation of Section 236.1.(6) An attempt or conspiracy to commit any of the above-mentioned crimes.(b) There is probable cause to believe that particular communications concerning the illegal activities will be obtained through that interception, including, but not limited to, communications that may be utilized for locating or rescuing a kidnap victim.(c) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person whose communications are to be intercepted.(d) Normal investigative procedures have been tried and have failed or reasonably appear either unlikely to succeed if tried or too dangerous.(e) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing interception of wire or electronic communications for the purpose of investigating or recovering evidence of a prohibited violation, as defined in Section 629.51.Amended by Stats 2022 ch 627 (AB 1242),s 3, eff. 9/27/2022.Amended by Stats 2018 ch 294 (AB 1948),s 1, eff. 1/1/2019.Amended by Stats 2014 ch 712 (SB 955),s 1, eff. 1/1/2015.Amended by Stats 2011 ch 285 (AB 1402),s 16, eff. 1/1/2012, op. 1/1/2012.Amended by Stats 2010 ch 707 (SB 1428),s 3, eff. 1/1/2011.Amended by Stats 2010 ch 178 (SB 1115),s 62, eff. 1/1/2011, op. 1/1/2012.Amended by Stats 2002 ch 605 (AB 74), s 3, eff. 1/1/2003.This section is set out more than once due to postponed, multiple, or conflicting amendments.