A California government entity that executes an electronic-information warrant must ordinarily notify each identified target when it executes the warrant. If it obtains electronic information in an emergency, it must ordinarily give notice within three court days. The notice should say that information about the person was obtained, describe the investigation with reasonable specificity, and include a warrant copy or written facts explaining the emergency. A court may authorize delayed notice on a sworn showing; an initial delay may not exceed 90 days, and the statute allows further extensions on the same grounds, so 90 days is not a fixed outside limit. (Penal Code § 1546.2(a)–(b))
Compare the notice with the process described
Check who sent the notice, who is named as the target, which account or service is listed, and what dates and information types the warrant covers. A warrant for electronic information must describe the material sought with particularity, including, as appropriate, time periods, target accounts or people, services, and types of information. It must also require unrelated information to be sealed and restrict further review, use, or disclosure unless a court order or discovery law permits it. (Penal Code § 1546.1(d))
A notice after delayed service should include the information described in the ordinary notice, a copy or summary of the information obtained, at least the number and types of records disclosed and the date and time when the earliest and latest records were created, plus the grounds for delaying notice. Save the notice, envelope or email headers, attached warrant or emergency statement, and any later production or notice. Ask counsel to compare those documents with the account, dates, and information that appear in the criminal case.
Not everyone receives notice at the same time
The law concerns an identified target of a California government entity’s warrant or emergency access; it does not promise that every account user, contact, or person whose data appears in records receives an immediate notice. The statute permits a sworn request for a court order delaying notice when disclosure may cause a specified adverse result. A court may approve the delay only for the period it finds justified, initially up to 90 days, and can grant additional extensions of up to 90 days each on the same grounds. There is a narrow exception for accessing device location or telephone-number information to respond to an emergency 911 call. (Penal Code § 1546.2(a)–(c))
A notice alone does not show the search was unlawful or guarantee that evidence will be excluded. A person in a trial or hearing may move to suppress information obtained or retained in violation of the chapter or the Fourth Amendment under the applicable suppression procedure. A person whose information is targeted by legally defective process, a service provider, or another recipient of that process may petition the issuing court to void or modify it, or to destroy information obtained unlawfully. These are different routes with their own conditions. Counsel must assess the actual warrant, scope, records obtained, notice order, and available remedy. (Penal Code § 1546.4)
The Law Offices of David S. Chesley represents people facing California criminal investigations. Call (800) 755-5174 to discuss an account-search notice and the records it identifies.