To the extent that the habeas corpus application can be reached under the authority of In Re Brindle which is 91 Cal.App.3d 660, that a so-called class action form of relief is available the court will find that the only relief prayed for that is appropriate because of what applied to all parties equally no matter what the facts of the case are is if the people are ordered hereby in each case in Los Angeles County since the Wire Tap Law has been passed, and my understanding is nothing was ever done until 1994, but in any event, since the law was passed, that pursuant to Penal Code § 629.68 and 629.70, they are ordered if they have not already done so to search their records, to make appropriate notice subject to -- appropriate notice to those parties subject to their going to an appropriate judicial officer if they want to claim a privilege or the right to delay an inventory or notice, they may do so, but they may not do it by simply determining on their own that it doesn't apply.

And this also applies to derivative or hand-off warrants, any kind of case where it's either part of a wire tap application or a lead or other evidence that's been developed from an original wire application and then prosecuted based upon evidence where the lead started the case. All of those cases are subject to my order.

The district attorney must make the statutory disclosure called for in 629, et seq., subject to their right to petition the appropriate judicial officer for delay, or other relief, but it must be done through judicial officer.

I have made my opinions clear as whether 1040 applies or not, but you can as you go from cases to case you will make that showing in front of the appropriate judge, and eventually as some point we'll have the appropriate law from the Supreme Court no doubt which will tell us who has standing, who doesn't have standing, but right now this will protect the rights of those who have been involved either directly or indirectly in wire tap cases by having judicial review of any such orders. And appropriate remedies, if there are any, will follow. that's the court order.

In all other respects, the petition for writ and the relief prayed for is denied except for the limited order, and the request for an evidentiary hearing is denied.

Dated: 11-18-98

(Sgd.) LARRY FIDLER

Judge of the Superior Court