People v. Larkin

Opinion

WORK, J.

Lane and Lenka Larkin appeal judgments convicting them of bookmaking. (Pen. Code, 1 § 337a, subd. 1.) They contend the trial court erred in not suppressing evidence obtained by the use of a telephone monitoring device (pen register) to identify outgoing calls they characterize as a prohibited wire tap (§ 631). A series of warrants were issued requesting the telephone company to install pen registers on various phone numbers suspected of being used for bookmaking activity. 2 They claim that even if not an illegally used device, a warrant authorizing a 30-day use of the telephone…