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U.S. Supreme Court,
Constitutional Law

Feb. 9, 2016

Electronic evidence laws raise questions

On Jan. 1 of this year, two new laws, the California Electronic Privacy Act and Assembly Bill 929, took effect.

2nd Appellate District, Division 5

Brian M. Hoffstadt

Presiding Justice
California Court of Appeal

UCLA School of Law, 1995

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On Jan. 1 of this year, the rules governing how state and local prosecutors and investigators obtain electronic evidence changed. That was the day two new laws - the California Electronic Privacy Act (CalECPA) and Assembly Bill 929 - took effect.

Previously, state and local officials looked to the federal Electronic Communications Privacy Act (federal ECPA) and state judicial decisions to supply the procedures for obtaining electronic evidence - that is, information about email, tex...

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