Disclosure by law enforcement officer; persons other than officer;
privileged character of communication; offenses not specified in
order
Sec. 3. (a) A law enforcement officer who has obtained
knowledge under this article of the contents of an interception or of
evidence derived from that interception may:
(1) disclose the contents to another law enforcement officer; or
(2) use the contents of the interception;
only to the extent that use or disclosure of the contents of the
interception is appropriate to the proper performance of the official
duties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court or
by a law enforcement agency, only that part of the interception that
is relevant to the prosecution of a designated offense may be
transcribed.
(c) A person, other than a law enforcement officer, who has
received, by a means authorized by this article, information
concerning an interception or evidence derived from an interception
under this article may disclose the contents of the interception or
evidence derived from the interception only while giving testimony
under oath or affirmation in a criminal court proceeding or grand jury
proceeding. This subsection does not apply to a disclosure by a
person of the contents of reports submitted under IC 35-33.5-2-4 and
IC 35-33.5-2-5 or to the contents of an interception or evidence
derived from an interception that is either:
(1) maintained in the record of a court proceeding and made
accessible to the public; or
(2) previously disclosed in a court proceeding that is open to the
public.
(d) An otherwise privileged communication that is intercepted in
accordance with or in violation of this article does not lose the
communication's privileged character.
(e) When a law enforcement officer, while engaged in intercepting
communications in a manner authorized by this article, intercepts
communications relating to offenses other than those specified in the
order of authorization, the contents of those interceptions, and
evidence derived from those interceptions, may be disclosed or used
as provided in subsections (a) and (c). The contents and evidence
may be used under subsection (d) when authorized by the court upon
a finding, on subsequent application, that the contents were
otherwise intercepted in accordance with this article. A subsequent
application shall be made as soon as practicable.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006