Is Section 631 of the California Criminal Code applicable to wiretapping?

California, United States of America


The following excerpt is from Ribas v. Clark, 212 Cal.Rptr. 143, 38 Cal.3d 355, 696 P.2d 637 (Cal. 1985):

Defendant nevertheless argues that section 631 proscribes nothing more than wiretaps, and cites People v. Soles (1977) 68 Cal.App.3d 418, 420, 136 Cal.Rptr. 328, as authority for this position. 3 In Soles, a motel manager furtively listened on the motel switchboard to telephone calls to the defendant's room concerning narcotics transactions. Although the court deemed section 631 inapplicable, its decision rested primarily on the ground that the manager's continuing interest in keeping his premises free of criminal activity precluded tenants from entertaining a reasonable expectation of privacy in their conversations. (Id. at p. 421, 136 Cal.Rptr. 328.) In any event, to the extent that Soles viewed section 631 as merely encompassing the use of electronic amplifying and recording devices, it is erroneous. Such a construction is inconsistent with the broad wording and purpose of the statute, and would render superfluous the language proscribing attempts "in any unauthorized manner ... to learn the contents ... of any ... communication...."

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