CCP 18.21 requires a peace officer go through a prosecutor to install an ESN device. What if all the police are asking for is records held by a provider, not call contents, and are not asking to install anything? We already have a warrant for such records but did not go through our local DA's office. I called them and they don't know if their assistance is required or not.

Thoughts?

I emailed you something that might help.

I don't know the current state of the law (ever try reading the statute and code section that deals with that stuff?), but I recently drew up a warrant for the local postal inspector who was trying to track a cell phone belonging to an illegal who hit and killed a mailman and then ran off. Frankly, I didn't do any reasearch because he wanted the info just to track the defendant, not for any kind of evidence that would have to pass muster later at trial.