Goldin V. Public Utilities Commission

Twelve years ago this court, in the case of Sokol v. Public Utilities Commission (1966) 65 Cal. 2d 247 [53 Cal. Rptr. 673, 418 P.2d 265], struck down on constitutional grounds the then existing rule for discontinuance of telephone service used for illegal purposes and announced the standard which any future rule must meet. "[Whatever] new procedure is hereafter devised," we held, "must at a minimum require that the police obtain prior authorization to secure the termination of service by satisfying an impartial tribunal that they have probable cause to act, in a manner reasonably comparable to a proceeding before a magistrate to obtain a search warrant. In addition, after service is terminated the subscriber must be promptly afforded the opportunity to challenge the allegations of the police and to secure restoration of the service. A procedure incorporating these measures would provide substantial protection to the subscriber without hindering the enforcement of [the] laws." (65 Cal. 2d at p. 256.)