Access Requests: Individuals demand to see Wiretap applications

Two unnamed individuals submitted a demand to the California Superior Court to divulge applications for the tapping of their phones after they were wiretapped without any notification. Notice of wiretapping is required by law.

The individuals, who have no criminal record, were alerted to the wiretap from family members who did receive notifications. The individuals claim there is no overriding interest supporting government secrecy in a wiretap order, which is reportedly over three years old. Consequently, they want the court to permit the inspection of the intercepted communications, as well as applications and orders pertaining to the wiretap.

According to the California Penal Code section 629.68 and the First Amendment to the US Constitution, registered owners of targeted phone numbers are entitled to seek inspection of intercepted communications, applications and orders concerning the wiretap.

The wiretap presents a compelling case for oversight of the government’s powers, since its issuance is questionable.

The owners of the phones request to know whether the targeting of their phone was inadvertent or intentional, and whether the action produced any helpful evidence gathering for legitimate crime-fighting efforts by the state.