§ 12-5.1-1. Definitions. As used in this chapter: (1) “Aggrieved person” means an individual who was a party to any intercepted wire, electronic, or oral communication or against whom the interception was directed. (2) “Communications common carrier” has the same meaning given the term “common carrier” by 47 U.S.C. § 153(11). (3) “Contents,” when used […]
§ 12-5.1-10. Disclosure and use of intercepted wire or oral communications. (a) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from them, may disclose the contents to another investigative or law enforcement officer […]
§ 12-5.1-11. Notice of intention. The contents of any intercepted wire, electronic, or oral communication or evidence derived from them shall not be received in evidence or otherwise disclosed in any criminal proceeding unless each party, not less than ten (10) days before the proceeding has been furnished with a copy of the application, order, […]
§ 12-5.1-12. Suppression of evidence. (a) Any aggrieved person may move to suppress the contents of any intercepted wire, electronic, or oral communication or evidence derived from them on the grounds that: (1) The communication was unlawfully intercepted; (2) The order under which it was intercepted is insufficient on its face; (3) The interception was […]
§ 12-5.1-13. Civil remedy. (a) Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses the communications, and shall be entitled to recover from that person: (1) Actual damages, but not less […]
§ 12-5.1-14. Annual report of interceptions to the general assembly. (a) On the second Friday of January, of each year, the attorney general shall submit a report to the general assembly stating the number of applications made for orders during the previous year and the number of orders issued. In addition, the report shall provide, […]
§ 12-5.1-15. Conformity to the law of the United States. Notwithstanding any provision of this chapter, any court to which an application is made in accordance with this chapter may take any evidence, make any finding, or issue any order required to conform the proceedings or the issuance of any order of authorization or approval […]
§ 12-5.1-16. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to […]
§ 12-5.1-2. Application for orders. (a) The attorney general, or an assistant attorney general specially designated by the attorney general, may apply ex parte to the presiding justice of the superior court of competent jurisdiction for an order authorizing the interception of any wire, electronic, or oral communications. Each application ex parte for an order […]
§ 12-5.1-3. Where application may be made. Application for an order to intercept wire, electronic, or oral communication may be made to the presiding justice of the superior court or the senior associate justice of the superior court whenever the presiding justice shall deem it necessary to disqualify himself or herself from entering the order. […]
§ 12-5.1-4. Issuance of orders. (a) Upon the application as provided in § 12-5.1-2 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, as required or as modified, authorizing […]
§ 12-5.1-5. Form and content of orders. (a) Each order authorizing the interception of any wire, electronic, or oral communication shall specify: (1) The identity, or a particular description of the person, if known, whose communications are to be intercepted; (2) The nature and location of the communications facilities as to which, or the place […]
§ 12-5.1-6. Approval of interception of wire, electronic, or oral communication. (a) An order of approval of the interception of any wire, electronic, or oral communication relating to an offense other than that specified in the order of authorization may be issued where the court finds on an application for an order of approval submitted […]
§ 12-5.1-7. Execution of orders. (a) An order may be executed pursuant to its terms anywhere in the state. (b) An order may be personally executed by the authorized applicant or by other investigative or law enforcement officer designated by him or her or the presiding justice of the superior court for the purpose. (c) […]
§ 12-5.1-8. Maintenance and custody of records. (a) The contents of any wire, electronic, or oral communication intercepted by any means authorized by this chapter shall, if practicable, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic, or oral communication under this section shall be […]
§ 12-5.1-9. Return of inventory. (a) Within a reasonable time but not later than ninety (90) days after the termination of the period of the order or of extensions of the order, the presiding justice of the superior court shall cause to be served on the person named in the order or application, and any […]
