Warden v. Kahn

I respectfully dissent.

As I read our court’s controlling opinion we have, by judicial interpretation, fashioned an innovative penal statute with a coverage unintended by the Legislature. Such a statute was expressly rejected by Congress and is not to be found elsewhere among the states of the nation.

Penal Code section 631 provides: “Any person who, by means of any.. . instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection,[1] whether... inductively,[2] or otherwise, with any. . . telephone wire... or instrument. . ., or who willfully and…