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California Penal Code Section 1524.3

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 1524.3

(a) A provider of electronic communication service or
remote computing service, as used in Chapter 121 (commencing with
Section 2701) of Title 18 of the United States Code, shall disclose
to a governmental prosecuting or investigating agency the name,
address, local and long distance telephone toll billing records,
telephone number or other subscriber number or identity, and length
of service of a subscriber to or customer of that service, and the
types of services the subscriber or customer utilized, when the
governmental entity is granted a search warrant pursuant to paragraph
(7) of subdivision (a) of Section 1524.
   (b) A governmental entity receiving subscriber records or
information under this section is not required to provide notice to a
subscriber or customer.
   (c) A court issuing a search warrant pursuant to paragraph (7) of
subdivision (a) of Section 1524, on a motion made promptly by the
service provider, may quash or modify the warrant if the information
or records requested are unusually voluminous in nature or compliance
with the warrant otherwise would cause an undue burden on the
provider.
   (d) A provider of wire or electronic communication services or a
remote computing service, upon the request of a peace officer, shall
take all necessary steps to preserve records and other evidence in
its possession pending the issuance of a search warrant or a request
in writing and an affidavit declaring an intent to file a warrant to
the provider.  Records shall be retained for a period of 90 days,
which shall be extended for an additional 90-day period upon a
renewed request by the peace officer.
   (e) No cause of action shall be brought against any provider, its
officers, employees, or agents for providing information, facilities,
or assistance in good faith compliance with a search warrant.

Last modified: January 12, 2009