Can a criminal defendant obtain information that the government can only obtain with a warrant?

California, United States of America


The following excerpt is from Facebook, Inc. v. Superior Court of San Diego Cnty., 15 Cal.App.5th 729, 223 Cal.Rptr.3d 660 (Cal. App. 2017):

United States v. Turkish (2d Cir. 1980) 623 F.2d 769, 774.) "The system of criminal law administration involves not only this procedural imbalance in favor of the defendant, but also important aspects of the Government's law enforcement power that are not available to the defendant. Subject to constitutional and statutory limits, the Government may arrest suspects, search private premises, wiretap telephones, and deploy the investigative resources of large public agencies. Few would seriously argue that the public interest would be well served either by extending all of these powers to those accused of crime or by equalizing the procedural burdens and restrictions of prosecution and defendant at trial." ( Id. at pp. 774-775.) As Facebook points out, the trial court's order allows a criminal defendant to obtain information that the government can only acquire with a warrant based on probable cause. ( 2703(b).)

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