TITLE 12
Criminal Procedure
CHAPTER 12-5.1
Interception of Wire and Oral Communications
SECTION 12-5.1-2
§ 12-5.1-2 Application for orders.
(a) The attorney general, or an assistant attorney general specially designated
by the attorney general, may apply ex parte to the presiding justice of the
superior court of competent jurisdiction for an order authorizing the
interception of any wire, electronic, or oral communications. Each application
ex parte for an order must be in writing, subscribed and sworn to by the
applicant.
(b) The application must contain:
(1) The identity of the officer making the application;
(2) A full and complete statement of the facts and
circumstances relied upon by the applicant to justify his or her belief that an
order should be issued, including:
(i) Details as to the particular designated offense that has
been, is being, or is about to be committed;
(ii) A particular description of the nature and location of
the facilities from which, or the place where, the communication is to be
intercepted;
(iii) A particular description of the type of communications
sought to be intercepted; and
(iv) The identity of the person, if known, committing the
offense and whose communications are to be intercepted;
(3) A full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they reasonably
appear to be unlikely to succeed if tried or to be too dangerous;
(4) A statement of the period of time for which the
interception is required to be maintained. If the nature of the investigation
is such that the authorization of interception should not automatically
terminate when the described type of communication has been first obtained, a
particular description of facts establishing probable cause to believe that
additional communications of the same type will occur after the described type
of communication has been first obtained;
(5) A full and complete statement of the facts concerning all
previous applications, known to the individual making the application, made to
the presiding justice of the superior court for authorization to intercept
wire, electronic, or oral communications involving any of the same persons,
facilities or places specified in the application, and the action taken by the
presiding justice of the superior court on each application; and
(6) Where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the interception, or
a reasonable explanation of the failure to obtain the results.
(c) The presiding justice of the superior court may require
the applicant to furnish additional testimony or documentary evidence in
support of the application.
(d) Allegations of fact in the application may be based
either upon the personal knowledge of the applicant or upon information and
belief. If the applicant personally knows the fact alleged, it must be so
stated. If the facts establishing reasonable cause are derived in whole or in
part from the statements of persons other than the applicant, the sources of
the information and belief must be either disclosed or described, and the
application must contain facts establishing the existence and reliability of
the informant, or the reliability of the information supplied by the informant.
The application must also state, so far as possible, the basis of the
informant's knowledge or belief. If the applicant's information and belief is
derived from tangible evidence or recorded oral evidence, a copy or detailed
description of the evidence should be annexed to or included in the
application. Affidavits of persons other than the applicant must be submitted
in conjunction with the application if they tend to support any fact or
conclusion alleged in the application. Accompanying affidavits may be based
either on personal knowledge of the affiant, or information and belief with the
source of the information and reason for the belief specified.
History of Section.
(P.L. 1969, ch. 55, § 1; P.L. 1999, ch. 167, § 2.)
