Criminal procedure: privacy.

Existing law requires the court to promptly rule on the application and to destroy all information obtained upon a finding that the facts did not give rise to an emergency or upon rejecting the application on any other ground.

This bill would additionally authorize a government entity to access electronic device information with the specific consent of an individual who locates a tracking or surveillance device, as defined, and the device is reasonably believed to have been used to track or record the individual without their permission. The bill would require a government entity that obtains information through this method, within 3 court days after obtaining the electronic information, to follow the above process for applying for a warrant or order from a court by setting forth the facts that describe the circumstances and would require the court to promptly rule on the application and order the immediate destruction of all information obtained upon a finding that the facts were not as described.

Existing law authorizes an individual whose information is targeted by a warrant, order, or other legal process, or other specified recipients of a warrant, that is inconsistent with the act or the California or United States Constitution, to petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of the act or the California or United States Constitution.

This bill would recast the provisions described above to authorize an individual whose information is sought or obtained by a government entity in a manner that is inconsistent with the act or the California or United States Constitution, or other specified recipients of a warrant, order, legal process, request, or demand seeking the individual's information, to petition a court to void or modify the warrant, order, other legal process, request, or demand to order the destruction of the information.