§ 41-29-529. Civil action for violation of this article
A person whose wire, oral or other communication is intercepted, disclosed or used in violation of this article shall have a civil cause of action against any person who intercepts, discloses or uses or procures another person to intercept, disclose or use the communication, and is entitled to recover from the person: Actual damages but […]
§ 41-29-531. Exceptions to civil liability for violation of this article
This article shall not apply to: An operator of a switchboard, or an officer, employee or agent of a communication common carrier whose facilities are used in the transmission of a wire communication, intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity […]
§ 41-29-533. Penalties for violations of this article
Any person who knowingly and intentionally possesses, installs, operates or monitors an electronic, mechanical or other device in violation of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to not more than one (1) year in the county jail or fined not more than Ten Thousand Dollars ($10,000.00), […]
§ 41-29-535. Applicability of article
This article shall not apply to a person who is a subscriber to a telephone operated by a communication common carrier and who intercepts a communication on a telephone to which he subscribes. This article shall not apply to persons who are members of the household of the subscriber who intercept communications on a telephone […]
§ 41-29-536. Motions for communication records to aid in investigations of violations of the Uniform Controlled Substances Law
Attorneys for the Bureau of Narcotics may file a motion with a circuit court judge of the circuit court district in which the subscriber, instrument or other device exists, for communication records which will be material to an ongoing investigation of a felony violation of the Uniform Controlled Substances Law. The motion shall be made […]
§ 41-29-515. Granting of order; grounds; form; compensation of those furnishing assistance; time limit; authorization for covert entry; reports to judge; recusal of judge
Upon receipt of an application, the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral or other communications if the judge determines from the evidence submitted by the applicant that: There is probable cause to believe that a person is committing, has committed, or is about to […]
§ 41-29-517. Recording of intercepted communications; sealing, custody, and destruction of recordings
The contents of a wire, oral or other communication intercepted by means authorized by this article shall be recorded on tape, wire or other comparable device. The recording of the contents of a wire, oral or other communication under this subsection shall be done in a way that protects the recording from editing or other […]
§ 41-29-519. Sealing, custody, and destruction of applications and orders
The judge shall seal each application made and order granted under this article. Custody of the applications and orders shall be wherever the judge directs. An application or order may be disclosed only upon a showing of good cause before a judge of competent jurisdiction, and may not be destroyed until at least ten (10) […]
§ 41-29-521. Penalty for violating Section 41-29-517 or 41-29-519
A violation of Section 41-29-517 or 41-29-519 shall be punished as contempt of court.
§ 41-29-523. Notice to persons named in order or application; inspection of intercepted communications; postponement of notice
Within a reasonable time but not later than ninety (90) days after the date an application for an order is denied or after the date an order or the last extension, if any, expires, the judge who granted or denied the application shall cause to be served upon the persons named in the order or […]