by Don Thompson, Associated Press
SACRAMENTO (AP) - Prosecutors could get emergency approval to expand existing wiretap orders under proposed legislation aimed at ending an impasse over Gov. Gray Davis’ call for federal-style “roving” wiretaps.
An Assembly committee earlier blocked a bill that included the roving wiretaps, based on legal advice that states are barred from mimicking the federal wiretap law passed in response to the Sept. 11 terrorist attacks.
Roving wiretaps could be used to monitor multiple cell phone or Internet communications without seeking separate court orders. Assembly critics said that is an unwarranted invasion of privacy, and isn’t needed in state law because most terrorist investigations would be conducted by federal authorities.
The compromise bill offered by Assemblymen Robert Pacheco, R-Walnut, and Rod Pacheco, R-Riverside, (no relation) would let prosecutors seek simultaneous wiretaps on multiple phones, expand the wiretap order on an emergency basis, and tap e-mail, Internet communications and electronic paging devices.
California’s wiretap law already lets police obtain oral permission from a judge under certain emergency situations. The expedited process proposed in the bill would let a judge give oral approval that would have to be followed by a written order within 48 hours.
A GOP spokesman said the assemblymen have not obtained the Democratic governor’s approval for their proposal, but hope to agree with Davis and law enforcement representatives.
Davis aides did not immediately comment. A Davis spokesman previously said the governor wants to add his language back into an Assembly-approved wiretap expansion bill pending in the Senate.
California’s wiretap law currently is limited to investigations of murder, kidnapping, bombing, criminal gangs, and possession, sale or manufacture of large quantities of certain dangerous drugs. The pending legislation would also allow the use of wiretaps to investigate the suspected use of weapons of mass destruction.
The bill approved by the Assembly last month also would allow the use of wiretaps for terrorism investigations, but does not include the “roving” wiretap provision.