Policy Text
POLICE
Roll Call Training Bulletin
Produced by: Ofc Jeff Kuhlmann, PSU
Updated by: Lt. Ryan Bullard, Lt. Jeffrey Shiraishi, and Sgt. John Pullen
Katherine Lester, Chief of Police
Volume 40
California Electronic Communications Privacy Act
7-14-2022
California Penal Code section 1546 et seq., the California Electronic Communications Privacy Act (Cal.
ECPA), was enacted in 2016 and is intended to "protect personal information of all Californians" by
requiring law enforcement to obtain a search warrant to search and review information from smartphones
and other electronic devices. Penal Code section 1546(f) defines an "electronic device" as a device that
stores, generates, or transmits information in electronic form (e.g., cell phones, smart phones, tablets,
laptop computers, home computers, credit cards etc.).
Penal Code section 1546.1 includes strict provisions for law enforcement when attempting to obtain
information directly from an electronic device or from a cell phone carrier.
1546.1(c) SEARCHING BY PHYSICAL INTERACTION OR ELECTRONIC COMMUNICATION
As applicable to Sacramento Police Department (SPD), police officers can ONLY access digital
information through physical interaction with an electronic device, or electronic communication with that
device, under specific circumstances, including:
1. Pursuant to a search warrant.
2. Pursuant to a wiretap order.
3. Pursuant to a tracking device search warrant.
4. With specific consent of the authorized possessor of the device.
5. With specific consent of the owner of the device when the device has been reported lost or stolen.
6. If the officer, in good faith, believes that an emergency involving danger of death or serious
physical injury to any person requires access to the device.
7. Only when the officer, in good faith, believes the device to be lost, stolen, or abandoned,
provided that the officer only searches the device in order to attempt to identify, verify, or contact
the owner or authorized possessor of the device.
8. If the device is seized from an authorized possessor of the device who is serving a term of parole
under the supervision of the Department of Corrections and Rehabilitation or a term of Post
Release Community Supervision (PRCS) under the supervision of county probation.
9. If the device is seized from an authorized possessor of the device who is subject to an electronic
device search clause as a clear and unambiguous condition of probation, mandatory supervision,
or pretrial release.
10. If the government entity accesses information concerning the location or the telephone number of
the electronic device in order to respond to an emergency 911 call from that device.
11. Pursuant to an order for a pen register or trap and trace device.
PROBATION and PAROLE
In September 2016, Cal. ECPA was amended to specifically allow warrantless searches of electronic
devices seized from certain supervised offenders and pretrial releasees.
1. Penal Code section 1546.1(c)(9) allows the warrantless search of electronic devices seized from
state parolees or PRCS offenders if they are an authorized possessor of the device.
2. Penal Code section 1546.1(c)(10) allows the warrantless search of electronic devices seized from
persons on probation, mandatory supervision offenders, or persons on pretrial release if they are an
POLICE
Roll Call Training Bulletin
Produced by: Ofc Jeff Kuhlmann, PSU
Updated by: Lt. Ryan Bullard, Lt. Jeffrey Shiraishi, and Sgt. John Pullen
Katherine Lester, Chief of Police
Volume 40
authorized possessor of the device and they are subject to a clear and unambiguous search
condition with regard to electronic devices.
3. A new message key was added to the reporting options for entries into CLETS Supervised Release
File (SRF). The SRF readout will indicate "Electronic Device Search Condition" If applicable, for
probationers, mandatory supervision offenders, and persons on pretrial release.
EMERGENCY SEARCHES OF ELECTRONIC DEVICES
Penal Code section 1546.1(h) requires that any search of an electronic device conducted under an
emergency must be followed within three court days after obtaining the information, by a search warrant or
court order signed by a judge that post facto authorizes the already conducted search. The statute requires
the court to immediately rule on the warrant. If the judge determines that the search was not justified by the
emergency, all data obtained from that search shall be destroyed and a notice pursuant to Penal Code
section 1546.2 shall be sent to the person whose information was compelled or obtained.
EMERGENCY PINGS
An emergency ping may be requested from a cell phone provider if a government entity, in good faith,
believes that an emergency involving danger of death or serious physical injury requires access to the
electronic device information without delay. Emergency searches of this type may be conducted by
contacting the carrier of the cell phone but the justification for the emergency must be specific and must be
supported by sufficient articulable facts to support the emergency ping.
Emergency pings must be authorized by a Watch Commander who will then assign responsibility for the
emergency ping to a Sergeant. The facts justifying the emergency ping can be relayed directly to the
phone carrier/company by the sergeant or an assigned officer, or can be communicated to the SPD
Communications Center Supervisor, who can then request the emergency ping and can accurately relay
these circumstances to the appropriate phone carrier/company.
The Sergeant will be responsible for ensuring an I-report or appropriate crime report, and any required
court order, are completed and filed. Thorough documentation of the facts supporting the ping and