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The proposal would permit police to "wiretap the criminal or terrorist so that if they start tossing phones, the authority to listen in on that criminal activity follows the criminal," said Vinson, who was recruited by Davis to be his security advisor after Sept. 11.
"He wants to see California law enforcement modernized in their techniques in investigating terrorists," Vinson said.
Davis' fellow Democrats in the Legislature were dubious.
Senate President Pro Tem John Burton (D-San Francisco) noted that the federal government "already has that power." Added Sen. Richard Polanco, chairman of the Public Safety Committee, which would review the legislation, "The feds have that authority, so why does the state need it?"
Senate Republican Leader Jim Brulte of Rancho Cucamonga said Davis' proposal "makes sense," and dismissed opposition voiced by Senate Democrats by saying: "Many of the Democrats in the state Legislature are significantly more liberal than Americans as a whole."
Vinson said terrorism investigations will remain primarily a federal responsibility. But he said local police could open investigations using state court-authorized wiretaps, and turn the matters over to the FBI once the cases expand. At that point, the FBI could seek eavesdropping authority under the broader federal wiretap statutes.
Francisco Lobaco, lobbyist for the ACLU in Sacramento, denounced the plan, saying innocent people could end up having police eavesdrop on their private communications. "If the governor's proposal mirrors the new federal law, then it will impose major intrusions into innocent people's private lives," Lobaco said.
The ACLU's Web site details its opposition to expanded surveillance authority in the Patriot Act. The new federal law lowers the standard for obtaining wiretap authority, the site says, requiring judges to rubber-stamp any request law-enforcement deems "relevant to an ongoing criminal investigation."
And, it says, the law extends "this low threshold of proof to Internet communications that are far more revealing than the numbers dialed to or from a telephone, and to portions of e-mail communications that cannot readily be separated from content."
In his speech tonight, the governor is expected to acknowledge several family members of victims of the Sept. 11 terrorist attacks, along with police, firefighters and National Guard troops who will be in the gallery overlooking the Assembly chamber, where he will give the address.
In addition to talking about terrorism and public safety, Davis likely will underscore his desire to continue funding public schools and health care for children, while not cutting state aid to local government, Davis spokesman Steve Maviglio said.
Even though the state faces a budget deficit estimated to be $12 billion, Maviglio said, the governor remains intent on not raising taxes. Davis likely will refer to ideas to stimulate the economy, and is planning a news conference for Wednesday to further explain his plan.
Reaction to the speech is sure to be sharper as the Democratic governor lags in public opinion polls. All three Republican opponents, former Los Angeles Mayor Richard Riordan, Secretary of State Bill Jones and businessman Bill Simon Jr., are expected to respond to the governor's remarks.