Pen. Code, § 629.52 · Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications
Pen. Code, § 629.52
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Upon 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) A felony violation of subdivision (b) or (d) of Section 311.2 or subdivision (b) or (c) of Section 311.4.
(7) 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.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 363, Sec. 1. (AB 1892) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Section 629.98. Note: This section was amended on March 7, 2000, by initiative Prop. 21.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=629.52.
- Text hash
- sha256 48873caf2bb8213ae3c4195fd67be4c4259e245c7bc7b8055b93cd9dc04603f2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, § 11351Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11351.5Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11352Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11370.6Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11378Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11378.5Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11379Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11379.5Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11379.6Printed as Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code
Penal Code
- Pen. Code, § 186.22Printed as Section 186.22
- Pen. Code, § 209Printed as Section 209
- Pen. Code, § 236.1Printed as Section 236.1
- Pen. Code, § 311.2Printed as Section 311.2
- Pen. Code, § 311.4Printed as Section 311.4
- Pen. Code, § 629.50Printed as Section 629.50
- Pen. Code, § 629.51Printed as Section 629.51
- Pen. Code, § 11418Printed as Section 11418
- Pen. Code, § 11418.5Printed as Section 11418.5
- Pen. Code, § 11419Printed as Section 11419
- Pen. Code, § 18710Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18715Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18720Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18725Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18730Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18740Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18745Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18750Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
- Pen. Code, § 18755Printed as Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755
Cited by 2 provisions
Provisions in this library whose text cites Pen. Code, § 629.52. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.