California Electronic Communications Privacy Act TrainingCal ECPA Emergency/Exigent Overview
Electronic Information / Device Procedure
DETECTIVE DANIEL O’NEIL-TENNANT
ORANGE POLICE DEPARTMENT
Cal ECPA –SB 178
•Jerry Brown signed the bill on October 8, 2015.
•Generally requires law enforcement to obtain a search warrant before accessing data on an
electronic device or from an online provider
PC 1546.1(h)
If a government entity obtains electronic information pursuant to an emergency involving danger
of death or serious physical injury to a person, that requires access to the electronic information
without delay, the government entity shall, within three court days after obtaining the electronic
information, file with the appropriate court an application for a warrant or order authorizing
obtaining the electronic information or a motion seeking approval of the emergency disclosures
that shall set forth the facts giving rise to the emergency, and if applicable, a request supported by
a sworn affidavit for an order delaying notification under paragraph (1) of subdivision (b) of
Section 1546.2.
Exigent Information Procedure
The following is the procedure for patrol personnel to execute the access of electronic
information from a provider or device when circumstances arise of imminent danger of
serious bodily injury or death. The purpose is for guidance during an after hours
incident where Investigative personnel are not present so the agency remains compliant
with provisions of the Cal. Ecpa. statute, PC 1546. This coincides with a similar list of
procedures patrol personnel can utilize for guidance (see following slides).
Exigent Information Procedure Cont.
1.Patrol personnel gather specific facts at the scene of an incident that demonstrates there is
an emergency situation where a specific person needs to be located immediately.
2.Should the incident involve locating a suspect, the Investigative Services Lieutenant or
the Crimes Against Persons Sergeant will be contacted to ascertain calling out
investigative personnel before a provider is contacted. Investigative Services will
provide further direction on a case by case basis.
3.Should the incident involve locating an at risk person, the Watch Commander shall be
contacted for approval of an emergency/exigent contact to the provider.
4.Officer will relay to Dispatch the provider and Dispatch will submit the necessary forms.
5.Dispatch will maintain contact with the provider as information becomes available and to
relay information to the handling officer.
6.The handling officer shall follow-up with the Crimes Against Persons Sergeant and
complete all reports prior to the next business day. The follow-up shall include the DR,
summary of the incident, and the original provider forms.
7.The Crimes Against Persons Sergeant shall assign a detective on the following first
business day to complete the court order or search warrant and subscriber notification.
8.Officers should review the Cal ECPA court order document to verify they have received the
appropriate information to support the emergency/exigency.
Exigent Information Procedure Cont.
Court Order Doc
Example
Questions
DANIEL O’NEIL-TENNANT
CRIMES AGAINST PERSONS UNIT
714-744-7313