Application or extension in writing and upon oath of affirmation;
information required
Sec. 2. (a) An application for a warrant or extension must be made
in writing and upon oath or affirmation. Each application must also
include the following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an
applicant to show why a warrant should be issued or an
extension granted, including the following:
(A) Facts establishing probable cause for the belief that a
designated offense allegedly has been, is being, or may be
committed.
(B) A description of the nature and location of the facility or
place from which the communication is to be intercepted.
(C) The identity, if known, of the person allegedly
committing the designated offense whose communication is
to be intercepted.
(D) A description of the type of communication to be
intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception.
However, if the applicant requests that the authorization for
interception not automatically terminate once the described type
of communication is initially obtained, the application must also
include a description of facts supporting the belief that
additional communications of the same type will occur.
(5) A statement of facts and any action taken by the court
concerning any previous application for a warrant or an
extension that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same
persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current
application.
(6) If it is reasonably necessary to make a secret entry upon
private property to install an interception device, a statement
describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an
application is for an extension, the application must contain a
statement setting forth the results obtained from the original warrant
or a reasonable explanation of the failure to obtain results under the
original warrant.
(c) The court may require an applicant to furnish additional
testimony or evidence in support of an application.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006