California Penal Code

§ 638.55

PEN § 638.55 Effective Sep 23, 2016Title 15 · Part 1 · Ch. 1.5

Statute text

(a)Any person in a trial, hearing, or proceeding may move to suppress wire or electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5.

(b)The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter.

(c)An individual whose information is targeted by a warrant, order, or other legal process that is not in compliance with this chapter, the California Constitution, or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, the California Constitution, or the United States Constitution.

Legislative history

Added by Stats. 2016, Ch. 511, Sec. 3. (AB 1924) Effective September 23, 2016.