TITLE 12
Criminal Procedure
CHAPTER 12-5.1
Interception of Wire and Oral Communications
SECTION 12-5.1-5
§ 12-5.1-5 Form and content of orders.
(a) Each order authorizing the interception of any wire, electronic, or oral
communication shall specify:
(1) The identity, or a particular description of the person,
if known, whose communications are to be intercepted;
(2) The nature and location of the communications facilities
as to which, or the place where, authority to intercept is granted;
(3) A particular description of the type of communications
sought to be intercepted, and a statement of the particular offense to which
they relate;
(4) The identity of the agency authorized to intercept the
communications; and
(5) The period of time during which the interception is
authorized, including a statement as to whether or not the interception shall
automatically terminate when the described communication has been first
obtained.
(b) No order entered under this section may authorize the
interception of any wire, electronic, or oral communication for any period
longer than is necessary to achieve the objective of the authorization, nor in
any event longer than thirty (30) days. Extensions of an order may be granted,
but only upon application for an extension made in accordance with §
12-5.1-2 and the court making the findings required by § 12-5.1-4. The
period of extension shall be no longer than the presiding justice of the
superior court deems necessary to achieve the purposes for which it was granted
and in no event for longer than thirty (30) days. Every order and extension
shall contain a provision that the authorization to intercept shall be executed
as soon as practicable, shall be conducted in such a way as to minimize the
interception of communications not otherwise subject to interception under this
chapter, and must terminate upon attainment of the authorized objective, or in
any event in thirty (30) days.
(c) Whenever an order authorizing interception is entered
pursuant to this chapter, the order may require reports to be made to the
presiding justice of the superior court who issued the order showing what
progress has been made toward achievement of the authorized objective and the
need for continued interception. These reports shall be made at any intervals
that the presiding justice of the superior court may require.
(d) A court order issued by a judge of competent jurisdiction
authorizing the interception of a wire, electronic, or oral communication may
direct an officer, employee, or agent of any communications common carrier or
electronic communications service to provide information, facilities, and
technical assistance to the applicant attorney general or an assistant attorney
general specially designated by the attorney general or law enforcement officer
or agency who, pursuant to this chapter, is designated to intercept a wire,
electronic, or oral communication. The communications common carrier or
electronic communication service shall, if ordered, immediately furnish the
applicant attorney general or assistant attorney general specially designated
by the attorney general all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a minimum of
interference with the services that the communications carrier or electronic
communication service is according the person whose communications are to be
intercepted. A communications common carrier or electronic communication
service shall furnish the information, facilities, and technical assistance at
its prevailing rate or tariffs to the applicant attorney general or assistant
attorney general specially designated by the attorney general or law
enforcement officer or agency so designated to intercept a wire, electronic, or
oral communication.
History of Section.
(P.L. 1969, ch. 55, § 1; P.L. 1979, ch. 239, § 1; P.L. 1999, ch. 167,
§ 2.)