NCJ Number
25583
Journal
Prosecutor Volume: 9 Issue: 5 Dated: (1974) Pages: 385-387
Date Published
1974
Length
3 pages
Annotation
A DESCRIPTION OF THE PROCEDURES AND ADVANTAGES OF THIS SYSTEM WHICH ALLOWS THE ISSUANCE OF SEARCH WARRANTS BASED ON ORAL STATEMENTS, SUCH AS TELEPHONE CONVERSATIONS, WHICH ARE TAKEN UNDER OATH, RECORDED, AND TRANSCRIBED.
Abstract
IN 1970, THE CALIFORNIA LEGISLATURE ENACTED AN AMENDMENT TO THE PENAL CODE AUTHORIZING TELEPHONIC SEARCH WARRANTS. UNDER THIS SYSTEM, THE POLICE OFFICER, HAVING KNOWLEDGE OF WHAT HE BELIEVES TO BE PROBABLE CAUSE TO SEARCH, TELEPHONES A DEPUTY DISTRICT ATTORNEY. AFTER DISCUSSING THE CASE, THE DISTRICT ATTORNEY CONTACTS A MANISTRATE, AND A CONFERENCE TELEPHONE CONVERSATION IS ARRANGED BETWEEN THE OFFICER, THE DISTRICT ATTORNEY, AND THE MAGISTRATE. THIS CONVERSATION IS RECORDED. THE MAGISTRATE THEN DIRECTS THE OFFICER TO FILLOUT THE SEARCH WARRANT FORM AND TO SIGN THE JUDGES NAME ON THE FORM. THE NEXT DAY, THE JUDGE REVIEWS THE TRANSCRIPT OF THE CONVERSATION AND THE SEARCH WARRANT, AND SIGNS BOTH THE TRANSCRIPT AND A JUDGE'S COPY OF THE WARRANT. THIS SYSTEM HAS ALLOWED THE COMPLETION OF 65 PERCENT OF ALL SEARCH WARRANTS WITHIN ONE HOUR AND A FIVE-FOLD INCREASE IN THE NUMBER OF WARRANTS ISSUED. ALSO, THE TELEPHONIC SEARCH WARRANT SYSTEM HAS BEEN UPHELD IN SEVERAL APPELLATE DECISIONS.