Authorization of warrant or extension; determinations by court;
examinations under oath; in camera inquiries
Sec. 1. (a) A court may enter an order authorizing a warrant or an
extension if, based on the facts submitted by an applicant, the court
determines the following:
(1) Probable cause exists to believe that the person whose
communications are to be intercepted is committing, has
committed, or may commit a designated offense.
(2) Communications concerning the designated offense
identified in the warrant application are likely to be obtained
through the requested interception.
(3) Exigent circumstances are present that require the
preservation of secrecy where there is a reasonable likelihood
that a continuing investigation would be prevented if a person
subject to investigation was alerted to the fact that the
investigation was occurring.
(4) A place or facility from which communications are to be
intercepted is:
(A) being used or about to be used by;
(B) listed in the name of;
(C) leased to; or
(D) commonly used by;
a person who is committing, has committed, or may commit a
designated offense.
(5) Investigative procedures:
(A) have been tried but have failed;
(B) are unlikely to succeed; or
(C) are too dangerous to attempt.
(b) In making a determination of probable cause required under
subsection (a)(1) before a warrant may be issued by the court, the
court may examine under oath any person. The court shall order the
court reporter to:
(1) prepare a verbatim transcript of an examination made under
this subsection; and
(2) attach the transcript to the application for the warrant.
(c) In making a determination of probable cause required under
subsection (a)(1) before a warrant may be issued by the court, if
there is no corroborative evidence offered in support of the allegation
of probable cause, the court shall inquire in camera concerning:
(1) the identity of any informants; or
(2) any additional information the court considers relevant to a
determination of probable cause to believe that the person
whose communications are to be intercepted is committing, has
committed, or may commit a designated offense.
(d) The court may modify the application and authorize a warrant
or an extension that is more limited in authority for interception than
the warrant or extension that was requested by the applicant.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006