Law Office of John W. Noonan
925-400-6635 Call For A Free Initial Consultation Se Habla Español Available 24/7

Get a warrant: California's new digital law has some fangs

We will certainly scrutinize and duly report to our readers the material details of any article in a national publication that is focused upon criminal law matters in California and refers to "sweeping new requirements" and "outsized effects."

As noted in the Wall Street Journal, that law -- termed the California Electronic Communications Privacy Act -- does indeed render important changes to prior legislation that governed criminal authorities' access to state residents' so-called "digital data."

That data most centrally relates to emails, text messages and online documents of all sorts. It further includes what is called "metadata," namely, things like locational information and the "to" and "from" entries on emails and texts.

California's new law, which was formally enacted by Gov. Jerry Brown October 8 after being widely endorsed by both branches of the California Legislature, mandates that authorities secure a probable-cause warrant to access most forms of digital information.

There are a few stated exceptions to the warrant requirement, but they are tightly circumscribed. One noted by the Journal is an exception granted in exigent circumstances when time is truly of the essence, such as a case where a person's imminent death or injury is reasonably feared.

Interestingly, California's new statutory enactment -- which was broadly backed by a varied group of supporters ranging from groups like the American Civil Liberties Union to tech giants such as Google and Apple -- is more comprehensive and citizen-protective than is tandem federal legislation.

For some reason that many readers might find inexplicable, federal law stipulates that digital information can be accessed by criminal authorities without a warrant in the event that it is more than 180 days old.

That law has been declared unconstitutional by one federal appellate court.

No Comments

Leave a comment
Comment Information

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Toll Free: 800-785-9556
Phone: 925-400-6635
Fax: 925-479-0015
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Toll Free: 800-785-9556
Phone: 209-498-3521
Fax: 925-479-0015
Manteca Law Office Map

Back To Top