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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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(i) any violation of section 1679a(c)(2) (relating to
destruction of a natural gas pipeline) or subsection (i) or
(n) of section 1472 (relating to aircraft piracy) of title
49, of the United States Code;
(j) any criminal violation of section 2778 of title 22 (relating
to the Arms Export Control Act); or
(k) the location of any fugitive from justice from an offense
described in this section;
(l) any conspiracy to commit any of the foregoing offenses.
(2) The principal prosecuting attorney of any State, or the principal
prosecuting attorney of any political subdivision thereof, if
such attorney is authorized by a statute of that State to make
application to a State court judge of competent jurisdiction for
an order authorizing or approving the interception of wire, oral,
or electronic communications, may apply to such judge for, and
such judge may grant in conformity with section 2518 of this
chapter and with the applicable State statute an order
authorizing, or approving the interception of wire, oral, or
electronic communications by investigative or law enforcement
officers having responsibility for the investigation of the
offense as to which the application is made, when such
interception may provide or has provided evidence of the
commission of the offense of murder, kidnaping, gambling,
robbery, bribery, extortion, or dealing in narcotic drugs,
marihuana or other dangerous drugs, or other crime dangerous to
life, limb, or property, and punishable by imprisonment for more
than one year, designated in any applicable State statute
authorizing such interception, or any conspiracy to commit any of
the foregoing offenses.
(3) Any attorney for the Government (as such term is defined for the
purposes of the Federal Rules of Criminal Procedure) may
authorize an application to a Federal judge of competent
jurisdiction for, and such judge may grant, in conformity with
section 2518 of this title, or order authorizing or approving the
interception of electronic communications by an investigative or
law enforcement officer having responsibility for the
investigation of the offense to which the application is made,
when such interception may provide or has provided evidence of
any Federal felony.
_ 2517. Authorization for disclosure and use of intercepted wire, oral,
or electronic communications
(1) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents to another
investigative or law enforcement officer to the extent that such
disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the
disclosure.
(2) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication or
evidence derived therefrom any use such contents to the extent
such use is appropriate to the proper performance of his official
duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire, oral, or electronic
communication, or evidence derived therefrom intercepted in
accordance with the provisions of this chapter may disclose the
contents of that communication or such derivative evidence while
giving testimony under oath or affirmation in any proceeding held
under the authority of the United States or of any State or
political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic communication
intercepted in accordance with, or in violation of, the
provisions of this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged
in intercepting wire, oral, or electronic communications in the
manner authorized herein, intercepts wire, oral, or electronic
communications relating to offenses other than those specified in
the order of authorization or approval, the contents thereof, and
evidence derived therefrom, may be disclosed or used as provided
in subsections (1) and (2) of this section. Such contents and
any evidence derived therefrom may be used under subsection (3)
of this section when authorized or approved by a judge of
competent jurisdiction where such judge finds on subsequent
application that the contents were otherwise intercepted in
accordance with the provisions of this chapter. Such application
shall be made as soon as practicable.
_ 2518. Procedure for interception of wire, oral, or electronic
communications
(1) Each application for an order authorizing or approving the
interception of a wire, oral, or electronic communication under
this chapter shall be made in writing upon oath or affirmation to
a judge of competent jurisdiction and shall state the applicant's
authority to make such application. Each application shall
include the following information:
(a) the identity of the investigative or law enforcement officer
making the application, and the officer authorizing the
application;
(b) a full and complete statement of the facts and circumstances
relied upon by the applicant, to justify his belief that an
order should be issued, including (i) details as to the
particular offense that has been, is being, or is about to
be committed, (ii) except as provided in subsection (11), 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, (iv) the
identity of the person, if known, committing the offense and
whose communications are to be intercepted;
(c) 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;
(d) 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 for
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