Intercepted communications: hostage taking and barricading.

Existing law prohibits a person from intentionally eavesdropping upon or recording a confidential communication by means of any electronic amplifying device or recording device without the consent of all parties to the communication. Under existing law, specified law enforcement agents may make a written application to a judge to authorize the interception of a wire, electronic pager, or electronic cellular telephone communication. In certain instances the application can be made informally and granted orally if an emergency situation exists, as specified. This bill would authorize a peace officer who is authorized by a county district attorney or the Attorney General to authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication in an emergency situation involving a barricade situation or hostage situation, as defined, if the peace officer reasonably determines that an emergency situation exists, that the emergency situation requires that the eavesdropping occur immediately, and that there are grounds upon which an order could be obtained in regard to certain specified offenses. This bill would require a written application to be made seeking to authorize the eavesdropping within 48 hours.