Existing law authorizes a court to issue various orders relating to criminal investigations, including the interception of wire or electronic communications, the installation and use of a pen register or trap and trace device, or a search warrant upon specified grounds. Existing law prohibits the issuance of any orders or warrants for the purpose of investigating or recovering evidence of a prohibited violation, as defined. Existing law requires an out-of-state warrant for specified records to include an attestation that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation. Existing law prohibits the production of records by a California corporation when the corporation knows or should know that the out-of-state warrant relates to an investigation into, or enforcement of, a prohibited violation.

This bill would include exercising any rights protected by the First Amendment to the United States Constitution within the definition of “prohibited violation.” The bill would expand the prohibition on the production of records relating to investigation into, or enforcement of, prohibited violations to federal court orders.