CHAPTER 29-29.2WIRETAPPING IN DRUG OFFENSE INVESTIGATIONS29-29.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Aggrieved person" means a person who was a party to any intercepted wire,<br>electronic, or oral communication or a person against whom the interception was<br>directed.2."Common carrier" is defined in section 8-07-01.3."Contents", when used with respect to any wire, electronic, or oral communication,<br>includes any information concerning the identity of the parties to the communication<br>or the existence, substance, purport, or meaning of that communication.4."Electronic communication" means transfer of signs, signals, writing, images,<br>sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,<br>radio, electromagnetic, photoelectronic, or photo-optical system, but does not<br>include:a.The radio portion of a cordless telephone communication that is transmitted<br>between the cordless telephone handset and the base unit;b.A wire or oral communication;c.A communication made through a tone-only paging device; ord.A communication from a tracking device, defined as an electronic or<br>mechanical device that permits the tracing of the movement of a person or<br>object.5."Electronic, mechanical, or other device" means any device or apparatus that can be<br>used to intercept a wire, electronic, or oral communication, other than:a.Any telephone or telegraph instrument, equipment, or facility, or any<br>component thereof, either:(1)Furnished to the subscriber or user in the ordinary course of its business<br>and being used by the subscriber or user in the ordinary course of its<br>business or furnished by a subscriber or user for connection to the<br>facilities of service and used in the ordinary course of its business; or(2)Being used by a communications common carrier in the ordinary course<br>of its business, or by an investigative or law enforcement officer in the<br>ordinary course of the officer's duties.b.A hearing aid or similar device being used to correct subnormal hearing to not<br>better than normal;c.A device or apparatus specifically designed to only record conversations to<br>which the operator of the device is a party;d.A device or apparatus used in the normal course of broadcasting by radio or<br>television; ore.A device or apparatus that is otherwise commonly used for a purpose other<br>than overhearing or recording conversations.Page No. 1In determining whether a device that is alleged to be an electronic, mechanical, or<br>other device is, in fact, such a device, there must be taken into account, among<br>other things, the size, appearance, directivity, range, sensitivity, frequency, power, or<br>intensity, and the representation of the maker or manufacturer as to its performance<br>and use.6."Intercept" means the aural or other acquisition of the contents of any wire,<br>electronic, or oral communication through the use of any electronic, mechanical, or<br>other device.7."Judge of competent jurisdiction" means justice of the supreme court of this state or<br>judge of any district court of this state.8."Law enforcement officer" means a public servant authorized by law or by a<br>government agency or branch to enforce the law and to conduct or engage in<br>investigations or prosecutions for violations of law.9."Oral communication" means a communication uttered by a person believing that<br>the communication is not subject to interception, under circumstances justifying that<br>belief, but does not include any electronic communication.10."Wire communication" means any aural transfer made in whole or in part through<br>the use of facilities for the transmission of communications by the aid of wire, cable,<br>or other like connection between the point of origin and the point of reception,<br>including any electronic storage of the communication, but does not include the radio<br>portion of a cordless telephone communication that is transmitted between the<br>cordless telephone handset and the base unit.29-29.2-02. Ex parte order for wiretapping and eavesdropping.1.An ex parte order for wiretapping or eavesdropping, or both, may be issued by any<br>judge of competent jurisdiction. The order may be issued upon application of the<br>attorney general, or an assistant attorney general, or a state's attorney, or an<br>assistant state's attorney, showing by affidavit that there is probable cause to believe<br>that evidence will be obtained of the commission or attempted commission of a<br>felony violation of chapter 19-03.1, or a criminal conspiracy to commit a felony<br>violation of chapter 19-03.1.2.Unless otherwise provided by law, an ex parte order for wiretapping or<br>eavesdropping may be issued only for a crime specified in subsection 1 for which a<br>felony penalty is authorized upon conviction.3.Each application for wiretapping or eavesdropping, or both, must be made in writing<br>upon oath or affirmation to a judge of competent jurisdiction and must state the<br>applicant's authority to make the application. Each application must include:a.The identity of the law enforcement officer making the application, and the<br>officer authorizing the application.b.A complete statement of the facts and circumstances relied upon by the<br>applicant, to justify the belief that an order should be issued, including details as<br>to the particular offense that has been, is being, or is about to be committed; a<br>particular description of the nature and location of the facilities from which, or<br>the place where, the communication is to be intercepted; a particular<br>description of the type of communication sought to be intercepted; and the<br>identity of the person, if known, committing the offense and whose<br>communications are to be intercepted.Page No. 2c.A complete statement as to whether other investigative procedures have been<br>tried and failed, or why they reasonably appear to be unlikely to succeed if tried,<br>or to be too dangerous.d.A statement of the period of time for which the interception is required to be<br>maintained. If the nature of the investigation is such that the authorization for<br>interception should not automatically terminate when the described type of<br>communication has been first obtained, there must be a particular description<br>ofthefactsestablishingprobablecausetobelievethatadditionalcommunications of the same type will occur thereafter.e.A complete statement of the facts concerning all previous applications known to<br>the individual authorizing and making the application, made to any judge for<br>authorization to intercept, or for approval of interceptions of, wire, electronic, or<br>oral communications involving any of the same persons, facilities, or places<br>specified in the application, and the action taken by the judge on each such<br>application.f.If the application is for the extension of an order, a statement setting forth the<br>results thus far obtained from the interception, or a reasonable explanation of<br>the failure to obtain those results.4.The judge may require the applicant to furnish additional testimony or documentary<br>evidence in support of the application.5.Upon an application, the judge may enter an ex parte order, as requested or as<br>modified, authorizing or approving wiretapping or eavesdropping within the territorial<br>jurisdiction of the court in which the judge is sitting, if the judge determines on the<br>basis of the facts submitted by the applicant that:a.There is probable cause for belief that a person is committing, has committed,<br>or is about to commit a felony violation of chapter 19-03.1 or a criminal<br>conspiracy to commit a felony violation of chapter 19-03.1;b.There is probable cause for belief that particular communications concerning<br>that offense will be obtained through the interception;c.Normal investigative procedures have been tried and have failed, or reasonably<br>appear to be unlikely to succeed if tried, or to be too dangerous; andd.There is probable cause for belief that the facilities from which or the place<br>where the wire, electronic, or oral communications are to be intercepted are<br>being used, or about to be used, in connection with the commission of an<br>offense, or are leased to, listed in the name of, or commonly used by the<br>person alleged to be involved in the commission of the offense.6.Each order authorizing or approving wiretapping or eavesdropping must specify:a.The identity of the person, if known, whose communications are to be<br>intercepted.b.The nature and location of the communications facilities as to which, or the<br>place where, authority to intercept is granted.c.A particular description of the type of communications sought to be intercepted,<br>and a statement of the particular offense to which it relates.d.The identity of the agency authorized to intercept the communications, and of<br>the person authorizing the application.Page No. 3e.The period of time during which an interception is authorized, including a<br>statement as to whether the interception automatically terminates when the<br>subscribed communication is first obtained.7.No order entered under this chapter may authorize or approve the interception of<br>any wire, electronic, or oral communication for any period longer than is necessary<br>to achieve the objective of the authorization. In no event may the period exceed<br>thirty days. The thirty-day period begins on the earlier of the day on which the<br>investigative or law enforcement officer first begins to conduct an interception under<br>the order or ten days after the order is entered. An extension of an order may be<br>granted, but only upon application for an extension made in accordance with<br>subsection 3, and to the court making the findings required by subsection 5. The<br>period of the extension may be no longer than the authorizing judge deems<br>necessary to achieve the purposes for which it was granted, and in no event for<br>longer than thirty days.Every order and extension of an order must containprovisions that the authorization to intercept must be executed as soon as<br>practicable, must be conducted in such a way as to minimize the interception of<br>communications not otherwise subject to interception under this section, and must<br>terminate upon attainment of the authorized objective, or in any event in thirty days.<br>No more than one extension may be granted for any order entered under this<br>section.8.If an order authorizing interception is entered pursuant to this section, the order may<br>require reports to be made to the judge who issued the order, showing what<br>progress has been made toward achievement of the authorized objective and the<br>need for continued interception.A report must be made at any time the judgerequires.9.a.The contents of any wire, electronic, or oral communication intercepted by any<br>means authorized by this section must, if possible, be recorded on tape, wire,<br>or other comparable device.The recording of the contents of any wire,electronic, or oral communication under this subsection must be done in such a<br>way as will protect the recording from editing or other alterations. Immediately<br>upon expiration of the period of the order, or extension of the order, the<br>recording must be made available to the judge issuing the order and sealed<br>under the judge's directions. The judge shall direct where the recording must<br>be maintained. A recording may not be destroyed except upon an order of the<br>judge, and in any event must be kept for ten years. Duplicate recordings may<br>be made for use or disclosure pursuant to this section. The presence of the<br>seal provided for by this subsection, or a satisfactory explanation for the<br>absence thereof, is a prerequisite for the use or disclosure of the contents of<br>any wire, electronic, or oral communication or evidence derived under this<br>section.b.Applications made and orders granted under this section must be sealed by the<br>judge.The judge shall direct where applications and orders must bemaintained.The applications and orders may be disclosed only upon ashowing of good cause before a judge of competent jurisdiction, and may not<br>be destroyed except on order of the judge to whom presented. In any event<br>applications and orders must be kept for ten years.Information obtainedpursuant to a court order authorizing interception of wire, electronic, or oral<br>communications may not be used, published, or divulged except in accordance<br>with this chapter.c.The court may punish violation of this subsection as contempt of court.10.Within a reasonable time, but not later than ninety days after the termination of the<br>period of an order or extension thereof, the judge to whom the application was<br>presented shall cause to be served, on the persons named in the order or thePage No. 4application, and any other party to intercepted communications as the judge may<br>determine is in the interest of justice, notice of the following:a.The fact of the entry of the order.b.The date of the entry and the period of authorized interception.c.The fact that during the period wire, electronic, or oral communications were<br>intercepted.The judge, upon the filing of a motion, may make available to any person or counsel<br>for inspection such portions of the intercepted communications, applications, and<br>orders as the judge determines to be in the interest of justice.On an ex parteshowing of good cause to a judge of competent jurisdiction, the serving of the matter<br>required by this subsection may be postponed.11.The contents of any intercepted wire, electronic, or oral communication or evidence<br>derived therefrom may not be received in evidence or otherwise disclosed in any<br>trial, hearing, or other proceeding in a court, unless each party, not less than ten<br>days before the trial, hearing, or proceeding, has been furnished with a copy of the<br>court order, and accompanying application, under which the interception was<br>authorized or approved. This ten-day period may be waived by the court if the court<br>finds that it was not possible to furnish the party with the information ten days before<br>the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay<br>in receiving this information.12.An aggrieved person in any trial, hearing, or proceeding in or before any court,<br>officer, agency, or other authority of this state, or a political subdivision of this state,<br>may move to suppress the contents of any intercepted wire, electronic, or oral<br>communication,or evidence derived therefrom, on the grounds that thecommunication was unlawfully intercepted, the order of authorization or approval<br>under which it was intercepted is insufficient on its face, or the interception was not<br>made in conformity with the order of authorization or approval. This motion must be<br>made before the trial, hearing, or proceeding unless there was no opportunity to<br>make the motion, or the person was not aware of the grounds of the motion. If the<br>motion is granted, the contents of the intercepted wire, electronic, or oral<br>communication, or evidence derived from the communication may not be received<br>as evidence. The court, upon the filing of the motion by the aggrieved person, may<br>make available to the aggrieved person or the person's counsel for inspection any<br>portionoftheinterceptedcommunicationorevidencederivedfromthecommunication as the court determines to be in the interests of justice.13.In addition to any other right to appeal, the state has the right to appeal from an<br>order granting a motion to suppress made under subsection 12, or the denial of an<br>application for an order of approval, if the person making or authorizing the<br>application certifies to the judge granting the motion or denying an application that<br>the appeal is not taken for purposes of delay. The appeal must be taken within thirty<br>days after the date the order was entered and must be diligently prosecuted.14.A law enforcement officer who, by any means authorized by this section, has<br>obtained knowledge of the contents of a wire, electronic, or oral communication, or<br>evidence derived from the communication, may disclose the contents to another law<br>enforcement officer to the extent that this disclosure is appropriate in the proper<br>performance of the official duties of the officer making or receiving the disclosure.15.A law enforcement officer who, by means authorized by this section, has obtained<br>knowledge of the contents of any wire, electronic, or oral communication, or<br>evidence derived therefrom, may use those contents to the extent the use is<br>appropriate in the official performance of official duties.Page No. 516.A person who has received, by means authorized by this section, information<br>concerning a wire, electronic, or oral communication, or evidence derived from the<br>communication, intercepted in accordance with this section, may disclose the<br>contents of that communication or derivative evidence while giving testimony in any<br>proceeding held under the authority of the United States or this state.17.No otherwise privileged wire, electronic, or oral communication intercepted in<br>accordance with, or in violation of, this section loses its privileged character.18.When a law enforcement officer, while engaged in intercepting wire, electronic, or<br>oral communications in the manner authorized in this section, intercepts wire,<br>electronic, or oral communications relating to an offense other than one specified in<br>the order of authorization or approval, the contents thereof, and evidence derived<br>therefrom, may be disclosed or used as provided in subsections 14 and 15 only if an<br>offense other than one specified in the order is an offense that constitutes a felony<br>under the laws of this state. The contents, and evidence derived from the contents,<br>as authorized by this section, may be used under subsection 16 only when<br>authorized or approved by a judge of competent jurisdiction, when the judge finds on<br>subsequent application that the contents were otherwise intercepted in accordance<br>with this section. This application must be made as soon as practicable.19.The requirements of subdivision b of subsection 3 and subdivision d of subsection 5<br>relating to the specification of the facilities from which, or the place where, the<br>communication is to be intercepted do not apply if:a.In the case of an application with respect to the interception of an oral<br>communication, the application contains a full and complete statement as to<br>why such specification is not practical and identifies the person committing the<br>offense and whose communications are to be intercepted and the judge finds<br>that such specification is not practical; orb.In the case of an application with respect to a wire or electronic communication,<br>the application identifies the person believed to be committing the offense and<br>whose communications are to be intercepted and the applicant makes a<br>showing of a purpose, on the part of that person, to thwart interception by<br>changing facilities and the judge finds that such purpose has been adequately<br>shown.20.An interception of a communication under an order with respect to which the<br>requirements of subdivision b of subsection 3 and subdivision d of subsection 5 do<br>not apply by reason of subsection 19 may not begin until the facilities from which, or<br>the place where, the communication is to be intercepted is ascertained by the<br>person implementing the interception order.A provider of wire or electroniccommunication service which has received an order as provided for in subdivision b<br>of subsection 19 may move the court to modify or quash the order on the ground<br>that its assistance with respect to the interception cannot be performed in a timely or<br>reasonable fashion. The court, upon notice to the government, shall rule on such a<br>motion expeditiously.29-29.2-03. Order may direct others to furnish assistance. An order authorizing theinterception of a wire, electronic, or oral communication must, upon request of the applicant,<br>direct that a communication common carrier shall furnish the applicant forthwith all information,<br>facilities, and technical assistance necessary to accomplish the interception unobtrusively and<br>with a minimum of interference with the services that the carrier is according the person whose<br>communications are to be intercepted.A communication common carrier furnishing thesefacilities or technical assistance must be compensated by the applicant for reasonable expenses<br>incurred in providing the facilities or assistance.Page No. 629-29.2-04. Reports to attorney general. A state's attorney shall report annually to theattorney general information as to the number of applications made for orders permitting the<br>interception of wire, electronic, or oral communications; the offense specified in the order or<br>application; the nature of the facilities from which or the place where communications were to be<br>intercepted; the number of persons whose communications were intercepted, the number of<br>arrests resulting from interceptions made under such order or extension, and the offenses for<br>which arrests were made; the number of motions to suppress made with respect to such<br>interceptions and the number granted or denied; the number of convictions resulting from the<br>interceptions and the offenses for which the convictions were obtained; and a general<br>assessment of the importance of the interceptions. The state's attorney shall submit the report to<br>the attorney general by January first of each year.The report must include all orders andapplications made, but not in effect, during the preceding year.29-29.2-05. Inapplicability. This chapter does not apply to the interception, disclosure,or use of a wire, electronic, or oral communication if the person intercepting, disclosing, or using<br>the wire, electronic, or oral communication:1.Was a person acting under color of law to intercept a wire, electronic, or oral<br>communication and was a party to the communication or one of the parties to the<br>communication had given prior consent to such interception; or2.Was a party to the communication or one of the parties to the communication had<br>given prior consent to such interception and such communication was not<br>intercepted for the purpose of committing a crime or other unlawful harm.Page No. 7Document Outlinechapter 29-29.2 wiretapping in drug offense investigations
CHAPTER 29-29.2WIRETAPPING IN DRUG OFFENSE INVESTIGATIONS29-29.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Aggrieved person" means a person who was a party to any intercepted wire,<br>electronic, or oral communication or a person against whom the interception was<br>directed.2."Common carrier" is defined in section 8-07-01.3."Contents", when used with respect to any wire, electronic, or oral communication,<br>includes any information concerning the identity of the parties to the communication<br>or the existence, substance, purport, or meaning of that communication.4."Electronic communication" means transfer of signs, signals, writing, images,<br>sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,<br>radio, electromagnetic, photoelectronic, or photo-optical system, but does not<br>include:a.The radio portion of a cordless telephone communication that is transmitted<br>between the cordless telephone handset and the base unit;b.A wire or oral communication;c.A communication made through a tone-only paging device; ord.A communication from a tracking device, defined as an electronic or<br>mechanical device that permits the tracing of the movement of a person or<br>object.5."Electronic, mechanical, or other device" means any device or apparatus that can be<br>used to intercept a wire, electronic, or oral communication, other than:a.Any telephone or telegraph instrument, equipment, or facility, or any<br>component thereof, either:(1)Furnished to the subscriber or user in the ordinary course of its business<br>and being used by the subscriber or user in the ordinary course of its<br>business or furnished by a subscriber or user for connection to the<br>facilities of service and used in the ordinary course of its business; or(2)Being used by a communications common carrier in the ordinary course<br>of its business, or by an investigative or law enforcement officer in the<br>ordinary course of the officer's duties.b.A hearing aid or similar device being used to correct subnormal hearing to not<br>better than normal;c.A device or apparatus specifically designed to only record conversations to<br>which the operator of the device is a party;d.A device or apparatus used in the normal course of broadcasting by radio or<br>television; ore.A device or apparatus that is otherwise commonly used for a purpose other<br>than overhearing or recording conversations.Page No. 1In determining whether a device that is alleged to be an electronic, mechanical, or<br>other device is, in fact, such a device, there must be taken into account, among<br>other things, the size, appearance, directivity, range, sensitivity, frequency, power, or<br>intensity, and the representation of the maker or manufacturer as to its performance<br>and use.6."Intercept" means the aural or other acquisition of the contents of any wire,<br>electronic, or oral communication through the use of any electronic, mechanical, or<br>other device.7."Judge of competent jurisdiction" means justice of the supreme court of this state or<br>judge of any district court of this state.8."Law enforcement officer" means a public servant authorized by law or by a<br>government agency or branch to enforce the law and to conduct or engage in<br>investigations or prosecutions for violations of law.9."Oral communication" means a communication uttered by a person believing that<br>the communication is not subject to interception, under circumstances justifying that<br>belief, but does not include any electronic communication.10."Wire communication" means any aural transfer made in whole or in part through<br>the use of facilities for the transmission of communications by the aid of wire, cable,<br>or other like connection between the point of origin and the point of reception,<br>including any electronic storage of the communication, but does not include the radio<br>portion of a cordless telephone communication that is transmitted between the<br>cordless telephone handset and the base unit.29-29.2-02. Ex parte order for wiretapping and eavesdropping.1.An ex parte order for wiretapping or eavesdropping, or both, may be issued by any<br>judge of competent jurisdiction. The order may be issued upon application of the<br>attorney general, or an assistant attorney general, or a state's attorney, or an<br>assistant state's attorney, showing by affidavit that there is probable cause to believe<br>that evidence will be obtained of the commission or attempted commission of a<br>felony violation of chapter 19-03.1, or a criminal conspiracy to commit a felony<br>violation of chapter 19-03.1.2.Unless otherwise provided by law, an ex parte order for wiretapping or<br>eavesdropping may be issued only for a crime specified in subsection 1 for which a<br>felony penalty is authorized upon conviction.3.Each application for wiretapping or eavesdropping, or both, must be made in writing<br>upon oath or affirmation to a judge of competent jurisdiction and must state the<br>applicant's authority to make the application. Each application must include:a.The identity of the law enforcement officer making the application, and the<br>officer authorizing the application.b.A complete statement of the facts and circumstances relied upon by the<br>applicant, to justify the belief that an order should be issued, including details as<br>to the particular offense that has been, is being, or is about to be committed; a<br>particular description of the nature and location of the facilities from which, or<br>the place where, the communication is to be intercepted; a particular<br>description of the type of communication sought to be intercepted; and the<br>identity of the person, if known, committing the offense and whose<br>communications are to be intercepted.Page No. 2c.A complete statement as to whether other investigative procedures have been<br>tried and failed, or why they reasonably appear to be unlikely to succeed if tried,<br>or to be too dangerous.d.A statement of the period of time for which the interception is required to be<br>maintained. If the nature of the investigation is such that the authorization for<br>interception should not automatically terminate when the described type of<br>communication has been first obtained, there must be a particular description<br>ofthefactsestablishingprobablecausetobelievethatadditionalcommunications of the same type will occur thereafter.e.A complete statement of the facts concerning all previous applications known to<br>the individual authorizing and making the application, made to any judge for<br>authorization to intercept, or for approval of interceptions of, wire, electronic, or<br>oral communications involving any of the same persons, facilities, or places<br>specified in the application, and the action taken by the judge on each such<br>application.f.If the application is for the extension of an order, a statement setting forth the<br>results thus far obtained from the interception, or a reasonable explanation of<br>the failure to obtain those results.4.The judge may require the applicant to furnish additional testimony or documentary<br>evidence in support of the application.5.Upon an application, the judge may enter an ex parte order, as requested or as<br>modified, authorizing or approving wiretapping or eavesdropping within the territorial<br>jurisdiction of the court in which the judge is sitting, if the judge determines on the<br>basis of the facts submitted by the applicant that:a.There is probable cause for belief that a person is committing, has committed,<br>or is about to commit a felony violation of chapter 19-03.1 or a criminal<br>conspiracy to commit a felony violation of chapter 19-03.1;b.There is probable cause for belief that particular communications concerning<br>that offense will be obtained through the interception;c.Normal investigative procedures have been tried and have failed, or reasonably<br>appear to be unlikely to succeed if tried, or to be too dangerous; andd.There is probable cause for belief that the facilities from which or the place<br>where the wire, electronic, or oral communications are to be intercepted are<br>being used, or about to be used, in connection with the commission of an<br>offense, or are leased to, listed in the name of, or commonly used by the<br>person alleged to be involved in the commission of the offense.6.Each order authorizing or approving wiretapping or eavesdropping must specify:a.The identity of the person, if known, whose communications are to be<br>intercepted.b.The nature and location of the communications facilities as to which, or the<br>place where, authority to intercept is granted.c.A particular description of the type of communications sought to be intercepted,<br>and a statement of the particular offense to which it relates.d.The identity of the agency authorized to intercept the communications, and of<br>the person authorizing the application.Page No. 3e.The period of time during which an interception is authorized, including a<br>statement as to whether the interception automatically terminates when the<br>subscribed communication is first obtained.7.No order entered under this chapter may authorize or approve the interception of<br>any wire, electronic, or oral communication for any period longer than is necessary<br>to achieve the objective of the authorization. In no event may the period exceed<br>thirty days. The thirty-day period begins on the earlier of the day on which the<br>investigative or law enforcement officer first begins to conduct an interception under<br>the order or ten days after the order is entered. An extension of an order may be<br>granted, but only upon application for an extension made in accordance with<br>subsection 3, and to the court making the findings required by subsection 5. The<br>period of the extension may be no longer than the authorizing judge deems<br>necessary to achieve the purposes for which it was granted, and in no event for<br>longer than thirty days.Every order and extension of an order must containprovisions that the authorization to intercept must be executed as soon as<br>practicable, must be conducted in such a way as to minimize the interception of<br>communications not otherwise subject to interception under this section, and must<br>terminate upon attainment of the authorized objective, or in any event in thirty days.<br>No more than one extension may be granted for any order entered under this<br>section.8.If an order authorizing interception is entered pursuant to this section, the order may<br>require reports to be made to the judge who issued the order, showing what<br>progress has been made toward achievement of the authorized objective and the<br>need for continued interception.A report must be made at any time the judgerequires.9.a.The contents of any wire, electronic, or oral communication intercepted by any<br>means authorized by this section must, if possible, be recorded on tape, wire,<br>or other comparable device.The recording of the contents of any wire,electronic, or oral communication under this subsection must be done in such a<br>way as will protect the recording from editing or other alterations. Immediately<br>upon expiration of the period of the order, or extension of the order, the<br>recording must be made available to the judge issuing the order and sealed<br>under the judge's directions. The judge shall direct where the recording must<br>be maintained. A recording may not be destroyed except upon an order of the<br>judge, and in any event must be kept for ten years. Duplicate recordings may<br>be made for use or disclosure pursuant to this section. The presence of the<br>seal provided for by this subsection, or a satisfactory explanation for the<br>absence thereof, is a prerequisite for the use or disclosure of the contents of<br>any wire, electronic, or oral communication or evidence derived under this<br>section.b.Applications made and orders granted under this section must be sealed by the<br>judge.The judge shall direct where applications and orders must bemaintained.The applications and orders may be disclosed only upon ashowing of good cause before a judge of competent jurisdiction, and may not<br>be destroyed except on order of the judge to whom presented. In any event<br>applications and orders must be kept for ten years.Information obtainedpursuant to a court order authorizing interception of wire, electronic, or oral<br>communications may not be used, published, or divulged except in accordance<br>with this chapter.c.The court may punish violation of this subsection as contempt of court.10.Within a reasonable time, but not later than ninety days after the termination of the<br>period of an order or extension thereof, the judge to whom the application was<br>presented shall cause to be served, on the persons named in the order or thePage No. 4application, and any other party to intercepted communications as the judge may<br>determine is in the interest of justice, notice of the following:a.The fact of the entry of the order.b.The date of the entry and the period of authorized interception.c.The fact that during the period wire, electronic, or oral communications were<br>intercepted.The judge, upon the filing of a motion, may make available to any person or counsel<br>for inspection such portions of the intercepted communications, applications, and<br>orders as the judge determines to be in the interest of justice.On an ex parteshowing of good cause to a judge of competent jurisdiction, the serving of the matter<br>required by this subsection may be postponed.11.The contents of any intercepted wire, electronic, or oral communication or evidence<br>derived therefrom may not be received in evidence or otherwise disclosed in any<br>trial, hearing, or other proceeding in a court, unless each party, not less than ten<br>days before the trial, hearing, or proceeding, has been furnished with a copy of the<br>court order, and accompanying application, under which the interception was<br>authorized or approved. This ten-day period may be waived by the court if the court<br>finds that it was not possible to furnish the party with the information ten days before<br>the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay<br>in receiving this information.12.An aggrieved person in any trial, hearing, or proceeding in or before any court,<br>officer, agency, or other authority of this state, or a political subdivision of this state,<br>may move to suppress the contents of any intercepted wire, electronic, or oral<br>communication,or evidence derived therefrom, on the grounds that thecommunication was unlawfully intercepted, the order of authorization or approval<br>under which it was intercepted is insufficient on its face, or the interception was not<br>made in conformity with the order of authorization or approval. This motion must be<br>made before the trial, hearing, or proceeding unless there was no opportunity to<br>make the motion, or the person was not aware of the grounds of the motion. If the<br>motion is granted, the contents of the intercepted wire, electronic, or oral<br>communication, or evidence derived from the communication may not be received<br>as evidence. The court, upon the filing of the motion by the aggrieved person, may<br>make available to the aggrieved person or the person's counsel for inspection any<br>portionoftheinterceptedcommunicationorevidencederivedfromthecommunication as the court determines to be in the interests of justice.13.In addition to any other right to appeal, the state has the right to appeal from an<br>order granting a motion to suppress made under subsection 12, or the denial of an<br>application for an order of approval, if the person making or authorizing the<br>application certifies to the judge granting the motion or denying an application that<br>the appeal is not taken for purposes of delay. The appeal must be taken within thirty<br>days after the date the order was entered and must be diligently prosecuted.14.A law enforcement officer who, by any means authorized by this section, has<br>obtained knowledge of the contents of a wire, electronic, or oral communication, or<br>evidence derived from the communication, may disclose the contents to another law<br>enforcement officer to the extent that this disclosure is appropriate in the proper<br>performance of the official duties of the officer making or receiving the disclosure.15.A law enforcement officer who, by means authorized by this section, has obtained<br>knowledge of the contents of any wire, electronic, or oral communication, or<br>evidence derived therefrom, may use those contents to the extent the use is<br>appropriate in the official performance of official duties.Page No. 516.A person who has received, by means authorized by this section, information<br>concerning a wire, electronic, or oral communication, or evidence derived from the<br>communication, intercepted in accordance with this section, may disclose the<br>contents of that communication or derivative evidence while giving testimony in any<br>proceeding held under the authority of the United States or this state.17.No otherwise privileged wire, electronic, or oral communication intercepted in<br>accordance with, or in violation of, this section loses its privileged character.18.When a law enforcement officer, while engaged in intercepting wire, electronic, or<br>oral communications in the manner authorized in this section, intercepts wire,<br>electronic, or oral communications relating to an offense other than one specified in<br>the order of authorization or approval, the contents thereof, and evidence derived<br>therefrom, may be disclosed or used as provided in subsections 14 and 15 only if an<br>offense other than one specified in the order is an offense that constitutes a felony<br>under the laws of this state. The contents, and evidence derived from the contents,<br>as authorized by this section, may be used under subsection 16 only when<br>authorized or approved by a judge of competent jurisdiction, when the judge finds on<br>subsequent application that the contents were otherwise intercepted in accordance<br>with this section. This application must be made as soon as practicable.19.The requirements of subdivision b of subsection 3 and subdivision d of subsection 5<br>relating to the specification of the facilities from which, or the place where, the<br>communication is to be intercepted do not apply if:a.In the case of an application with respect to the interception of an oral<br>communication, the application contains a full and complete statement as to<br>why such specification is not practical and identifies the person committing the<br>offense and whose communications are to be intercepted and the judge finds<br>that such specification is not practical; orb.In the case of an application with respect to a wire or electronic communication,<br>the application identifies the person believed to be committing the offense and<br>whose communications are to be intercepted and the applicant makes a<br>showing of a purpose, on the part of that person, to thwart interception by<br>changing facilities and the judge finds that such purpose has been adequately<br>shown.20.An interception of a communication under an order with respect to which the<br>requirements of subdivision b of subsection 3 and subdivision d of subsection 5 do<br>not apply by reason of subsection 19 may not begin until the facilities from which, or<br>the place where, the communication is to be intercepted is ascertained by the<br>person implementing the interception order.A provider of wire or electroniccommunication service which has received an order as provided for in subdivision b<br>of subsection 19 may move the court to modify or quash the order on the ground<br>that its assistance with respect to the interception cannot be performed in a timely or<br>reasonable fashion. The court, upon notice to the government, shall rule on such a<br>motion expeditiously.29-29.2-03. Order may direct others to furnish assistance. An order authorizing theinterception of a wire, electronic, or oral communication must, upon request of the applicant,<br>direct that a communication common carrier shall furnish the applicant forthwith all information,<br>facilities, and technical assistance necessary to accomplish the interception unobtrusively and<br>with a minimum of interference with the services that the carrier is according the person whose<br>communications are to be intercepted.A communication common carrier furnishing thesefacilities or technical assistance must be compensated by the applicant for reasonable expenses<br>incurred in providing the facilities or assistance.Page No. 629-29.2-04. Reports to attorney general. A state's attorney shall report annually to theattorney general information as to the number of applications made for orders permitting the<br>interception of wire, electronic, or oral communications; the offense specified in the order or<br>application; the nature of the facilities from which or the place where communications were to be<br>intercepted; the number of persons whose communications were intercepted, the number of<br>arrests resulting from interceptions made under such order or extension, and the offenses for<br>which arrests were made; the number of motions to suppress made with respect to such<br>interceptions and the number granted or denied; the number of convictions resulting from the<br>interceptions and the offenses for which the convictions were obtained; and a general<br>assessment of the importance of the interceptions. The state's attorney shall submit the report to<br>the attorney general by January first of each year.The report must include all orders andapplications made, but not in effect, during the preceding year.29-29.2-05. Inapplicability. This chapter does not apply to the interception, disclosure,or use of a wire, electronic, or oral communication if the person intercepting, disclosing, or using<br>the wire, electronic, or oral communication:1.Was a person acting under color of law to intercept a wire, electronic, or oral<br>communication and was a party to the communication or one of the parties to the<br>communication had given prior consent to such interception; or2.Was a party to the communication or one of the parties to the communication had<br>given prior consent to such interception and such communication was not<br>intercepted for the purpose of committing a crime or other unlawful harm.Page No. 7Document Outlinechapter 29-29.2 wiretapping in drug offense investigations
CHAPTER 29-29.2WIRETAPPING IN DRUG OFFENSE INVESTIGATIONS29-29.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Aggrieved person" means a person who was a party to any intercepted wire,<br>electronic, or oral communication or a person against whom the interception was<br>directed.2."Common carrier" is defined in section 8-07-01.3."Contents", when used with respect to any wire, electronic, or oral communication,<br>includes any information concerning the identity of the parties to the communication<br>or the existence, substance, purport, or meaning of that communication.4."Electronic communication" means transfer of signs, signals, writing, images,<br>sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,<br>radio, electromagnetic, photoelectronic, or photo-optical system, but does not<br>include:a.The radio portion of a cordless telephone communication that is transmitted<br>between the cordless telephone handset and the base unit;b.A wire or oral communication;c.A communication made through a tone-only paging device; ord.A communication from a tracking device, defined as an electronic or<br>mechanical device that permits the tracing of the movement of a person or<br>object.5."Electronic, mechanical, or other device" means any device or apparatus that can be<br>used to intercept a wire, electronic, or oral communication, other than:a.Any telephone or telegraph instrument, equipment, or facility, or any<br>component thereof, either:(1)Furnished to the subscriber or user in the ordinary course of its business<br>and being used by the subscriber or user in the ordinary course of its<br>business or furnished by a subscriber or user for connection to the<br>facilities of service and used in the ordinary course of its business; or(2)Being used by a communications common carrier in the ordinary course<br>of its business, or by an investigative or law enforcement officer in the<br>ordinary course of the officer's duties.b.A hearing aid or similar device being used to correct subnormal hearing to not<br>better than normal;c.A device or apparatus specifically designed to only record conversations to<br>which the operator of the device is a party;d.A device or apparatus used in the normal course of broadcasting by radio or<br>television; ore.A device or apparatus that is otherwise commonly used for a purpose other<br>than overhearing or recording conversations.Page No. 1In determining whether a device that is alleged to be an electronic, mechanical, or<br>other device is, in fact, such a device, there must be taken into account, among<br>other things, the size, appearance, directivity, range, sensitivity, frequency, power, or<br>intensity, and the representation of the maker or manufacturer as to its performance<br>and use.6."Intercept" means the aural or other acquisition of the contents of any wire,<br>electronic, or oral communication through the use of any electronic, mechanical, or<br>other device.7."Judge of competent jurisdiction" means justice of the supreme court of this state or<br>judge of any district court of this state.8."Law enforcement officer" means a public servant authorized by law or by a<br>government agency or branch to enforce the law and to conduct or engage in<br>investigations or prosecutions for violations of law.9."Oral communication" means a communication uttered by a person believing that<br>the communication is not subject to interception, under circumstances justifying that<br>belief, but does not include any electronic communication.10."Wire communication" means any aural transfer made in whole or in part through<br>the use of facilities for the transmission of communications by the aid of wire, cable,<br>or other like connection between the point of origin and the point of reception,<br>including any electronic storage of the communication, but does not include the radio<br>portion of a cordless telephone communication that is transmitted between the<br>cordless telephone handset and the base unit.29-29.2-02. Ex parte order for wiretapping and eavesdropping.1.An ex parte order for wiretapping or eavesdropping, or both, may be issued by any<br>judge of competent jurisdiction. The order may be issued upon application of the<br>attorney general, or an assistant attorney general, or a state's attorney, or an<br>assistant state's attorney, showing by affidavit that there is probable cause to believe<br>that evidence will be obtained of the commission or attempted commission of a<br>felony violation of chapter 19-03.1, or a criminal conspiracy to commit a felony<br>violation of chapter 19-03.1.2.Unless otherwise provided by law, an ex parte order for wiretapping or<br>eavesdropping may be issued only for a crime specified in subsection 1 for which a<br>felony penalty is authorized upon conviction.3.Each application for wiretapping or eavesdropping, or both, must be made in writing<br>upon oath or affirmation to a judge of competent jurisdiction and must state the<br>applicant's authority to make the application. Each application must include:a.The identity of the law enforcement officer making the application, and the<br>officer authorizing the application.b.A complete statement of the facts and circumstances relied upon by the<br>applicant, to justify the belief that an order should be issued, including details as<br>to the particular offense that has been, is being, or is about to be committed; a<br>particular description of the nature and location of the facilities from which, or<br>the place where, the communication is to be intercepted; a particular<br>description of the type of communication sought to be intercepted; and the<br>identity of the person, if known, committing the offense and whose<br>communications are to be intercepted.Page No. 2c.A complete statement as to whether other investigative procedures have been<br>tried and failed, or why they reasonably appear to be unlikely to succeed if tried,<br>or to be too dangerous.d.A statement of the period of time for which the interception is required to be<br>maintained. If the nature of the investigation is such that the authorization for<br>interception should not automatically terminate when the described type of<br>communication has been first obtained, there must be a particular description<br>ofthefactsestablishingprobablecausetobelievethatadditionalcommunications of the same type will occur thereafter.e.A complete statement of the facts concerning all previous applications known to<br>the individual authorizing and making the application, made to any judge for<br>authorization to intercept, or for approval of interceptions of, wire, electronic, or<br>oral communications involving any of the same persons, facilities, or places<br>specified in the application, and the action taken by the judge on each such<br>application.f.If the application is for the extension of an order, a statement setting forth the<br>results thus far obtained from the interception, or a reasonable explanation of<br>the failure to obtain those results.4.The judge may require the applicant to furnish additional testimony or documentary<br>evidence in support of the application.5.Upon an application, the judge may enter an ex parte order, as requested or as<br>modified, authorizing or approving wiretapping or eavesdropping within the territorial<br>jurisdiction of the court in which the judge is sitting, if the judge determines on the<br>basis of the facts submitted by the applicant that:a.There is probable cause for belief that a person is committing, has committed,<br>or is about to commit a felony violation of chapter 19-03.1 or a criminal<br>conspiracy to commit a felony violation of chapter 19-03.1;b.There is probable cause for belief that particular communications concerning<br>that offense will be obtained through the interception;c.Normal investigative procedures have been tried and have failed, or reasonably<br>appear to be unlikely to succeed if tried, or to be too dangerous; andd.There is probable cause for belief that the facilities from which or the place<br>where the wire, electronic, or oral communications are to be intercepted are<br>being used, or about to be used, in connection with the commission of an<br>offense, or are leased to, listed in the name of, or commonly used by the<br>person alleged to be involved in the commission of the offense.6.Each order authorizing or approving wiretapping or eavesdropping must specify:a.The identity of the person, if known, whose communications are to be<br>intercepted.b.The nature and location of the communications facilities as to which, or the<br>place where, authority to intercept is granted.c.A particular description of the type of communications sought to be intercepted,<br>and a statement of the particular offense to which it relates.d.The identity of the agency authorized to intercept the communications, and of<br>the person authorizing the application.Page No. 3e.The period of time during which an interception is authorized, including a<br>statement as to whether the interception automatically terminates when the<br>subscribed communication is first obtained.7.No order entered under this chapter may authorize or approve the interception of<br>any wire, electronic, or oral communication for any period longer than is necessary<br>to achieve the objective of the authorization. In no event may the period exceed<br>thirty days. The thirty-day period begins on the earlier of the day on which the<br>investigative or law enforcement officer first begins to conduct an interception under<br>the order or ten days after the order is entered. An extension of an order may be<br>granted, but only upon application for an extension made in accordance with<br>subsection 3, and to the court making the findings required by subsection 5. The<br>period of the extension may be no longer than the authorizing judge deems<br>necessary to achieve the purposes for which it was granted, and in no event for<br>longer than thirty days.Every order and extension of an order must containprovisions that the authorization to intercept must be executed as soon as<br>practicable, must be conducted in such a way as to minimize the interception of<br>communications not otherwise subject to interception under this section, and must<br>terminate upon attainment of the authorized objective, or in any event in thirty days.<br>No more than one extension may be granted for any order entered under this<br>section.8.If an order authorizing interception is entered pursuant to this section, the order may<br>require reports to be made to the judge who issued the order, showing what<br>progress has been made toward achievement of the authorized objective and the<br>need for continued interception.A report must be made at any time the judgerequires.9.a.The contents of any wire, electronic, or oral communication intercepted by any<br>means authorized by this section must, if possible, be recorded on tape, wire,<br>or other comparable device.The recording of the contents of any wire,electronic, or oral communication under this subsection must be done in such a<br>way as will protect the recording from editing or other alterations. Immediately<br>upon expiration of the period of the order, or extension of the order, the<br>recording must be made available to the judge issuing the order and sealed<br>under the judge's directions. The judge shall direct where the recording must<br>be maintained. A recording may not be destroyed except upon an order of the<br>judge, and in any event must be kept for ten years. Duplicate recordings may<br>be made for use or disclosure pursuant to this section. The presence of the<br>seal provided for by this subsection, or a satisfactory explanation for the<br>absence thereof, is a prerequisite for the use or disclosure of the contents of<br>any wire, electronic, or oral communication or evidence derived under this<br>section.b.Applications made and orders granted under this section must be sealed by the<br>judge.The judge shall direct where applications and orders must bemaintained.The applications and orders may be disclosed only upon ashowing of good cause before a judge of competent jurisdiction, and may not<br>be destroyed except on order of the judge to whom presented. In any event<br>applications and orders must be kept for ten years.Information obtainedpursuant to a court order authorizing interception of wire, electronic, or oral<br>communications may not be used, published, or divulged except in accordance<br>with this chapter.c.The court may punish violation of this subsection as contempt of court.10.Within a reasonable time, but not later than ninety days after the termination of the<br>period of an order or extension thereof, the judge to whom the application was<br>presented shall cause to be served, on the persons named in the order or thePage No. 4application, and any other party to intercepted communications as the judge may<br>determine is in the interest of justice, notice of the following:a.The fact of the entry of the order.b.The date of the entry and the period of authorized interception.c.The fact that during the period wire, electronic, or oral communications were<br>intercepted.The judge, upon the filing of a motion, may make available to any person or counsel<br>for inspection such portions of the intercepted communications, applications, and<br>orders as the judge determines to be in the interest of justice.On an ex parteshowing of good cause to a judge of competent jurisdiction, the serving of the matter<br>required by this subsection may be postponed.11.The contents of any intercepted wire, electronic, or oral communication or evidence<br>derived therefrom may not be received in evidence or otherwise disclosed in any<br>trial, hearing, or other proceeding in a court, unless each party, not less than ten<br>days before the trial, hearing, or proceeding, has been furnished with a copy of the<br>court order, and accompanying application, under which the interception was<br>authorized or approved. This ten-day period may be waived by the court if the court<br>finds that it was not possible to furnish the party with the information ten days before<br>the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay<br>in receiving this information.12.An aggrieved person in any trial, hearing, or proceeding in or before any court,<br>officer, agency, or other authority of this state, or a political subdivision of this state,<br>may move to suppress the contents of any intercepted wire, electronic, or oral<br>communication,or evidence derived therefrom, on the grounds that thecommunication was unlawfully intercepted, the order of authorization or approval<br>under which it was intercepted is insufficient on its face, or the interception was not<br>made in conformity with the order of authorization or approval. This motion must be<br>made before the trial, hearing, or proceeding unless there was no opportunity to<br>make the motion, or the person was not aware of the grounds of the motion. If the<br>motion is granted, the contents of the intercepted wire, electronic, or oral<br>communication, or evidence derived from the communication may not be received<br>as evidence. The court, upon the filing of the motion by the aggrieved person, may<br>make available to the aggrieved person or the person's counsel for inspection any<br>portionoftheinterceptedcommunicationorevidencederivedfromthecommunication as the court determines to be in the interests of justice.13.In addition to any other right to appeal, the state has the right to appeal from an<br>order granting a motion to suppress made under subsection 12, or the denial of an<br>application for an order of approval, if the person making or authorizing the<br>application certifies to the judge granting the motion or denying an application that<br>the appeal is not taken for purposes of delay. The appeal must be taken within thirty<br>days after the date the order was entered and must be diligently prosecuted.14.A law enforcement officer who, by any means authorized by this section, has<br>obtained knowledge of the contents of a wire, electronic, or oral communication, or<br>evidence derived from the communication, may disclose the contents to another law<br>enforcement officer to the extent that this disclosure is appropriate in the proper<br>performance of the official duties of the officer making or receiving the disclosure.15.A law enforcement officer who, by means authorized by this section, has obtained<br>knowledge of the contents of any wire, electronic, or oral communication, or<br>evidence derived therefrom, may use those contents to the extent the use is<br>appropriate in the official performance of official duties.Page No. 516.A person who has received, by means authorized by this section, information<br>concerning a wire, electronic, or oral communication, or evidence derived from the<br>communication, intercepted in accordance with this section, may disclose the<br>contents of that communication or derivative evidence while giving testimony in any<br>proceeding held under the authority of the United States or this state.17.No otherwise privileged wire, electronic, or oral communication intercepted in<br>accordance with, or in violation of, this section loses its privileged character.18.When a law enforcement officer, while engaged in intercepting wire, electronic, or<br>oral communications in the manner authorized in this section, intercepts wire,<br>electronic, or oral communications relating to an offense other than one specified in<br>the order of authorization or approval, the contents thereof, and evidence derived<br>therefrom, may be disclosed or used as provided in subsections 14 and 15 only if an<br>offense other than one specified in the order is an offense that constitutes a felony<br>under the laws of this state. The contents, and evidence derived from the contents,<br>as authorized by this section, may be used under subsection 16 only when<br>authorized or approved by a judge of competent jurisdiction, when the judge finds on<br>subsequent application that the contents were otherwise intercepted in accordance<br>with this section. This application must be made as soon as practicable.19.The requirements of subdivision b of subsection 3 and subdivision d of subsection 5<br>relating to the specification of the facilities from which, or the place where, the<br>communication is to be intercepted do not apply if:a.In the case of an application with respect to the interception of an oral<br>communication, the application contains a full and complete statement as to<br>why such specification is not practical and identifies the person committing the<br>offense and whose communications are to be intercepted and the judge finds<br>that such specification is not practical; orb.In the case of an application with respect to a wire or electronic communication,<br>the application identifies the person believed to be committing the offense and<br>whose communications are to be intercepted and the applicant makes a<br>showing of a purpose, on the part of that person, to thwart interception by<br>changing facilities and the judge finds that such purpose has been adequately<br>shown.20.An interception of a communication under an order with respect to which the<br>requirements of subdivision b of subsection 3 and subdivision d of subsection 5 do<br>not apply by reason of subsection 19 may not begin until the facilities from which, or<br>the place where, the communication is to be intercepted is ascertained by the<br>person implementing the interception order.A provider of wire or electroniccommunication service which has received an order as provided for in subdivision b<br>of subsection 19 may move the court to modify or quash the order on the ground<br>that its assistance with respect to the interception cannot be performed in a timely or<br>reasonable fashion. The court, upon notice to the government, shall rule on such a<br>motion expeditiously.29-29.2-03. Order may direct others to furnish assistance. An order authorizing theinterception of a wire, electronic, or oral communication must, upon request of the applicant,<br>direct that a communication common carrier shall furnish the applicant forthwith all information,<br>facilities, and technical assistance necessary to accomplish the interception unobtrusively and<br>with a minimum of interference with the services that the carrier is according the person whose<br>communications are to be intercepted.A communication common carrier furnishing thesefacilities or technical assistance must be compensated by the applicant for reasonable expenses<br>incurred in providing the facilities or assistance.Page No. 629-29.2-04. Reports to attorney general. A state's attorney shall report annually to theattorney general information as to the number of applications made for orders permitting the<br>interception of wire, electronic, or oral communications; the offense specified in the order or<br>application; the nature of the facilities from which or the place where communications were to be<br>intercepted; the number of persons whose communications were intercepted, the number of<br>arrests resulting from interceptions made under such order or extension, and the offenses for<br>which arrests were made; the number of motions to suppress made with respect to such<br>interceptions and the number granted or denied; the number of convictions resulting from the<br>interceptions and the offenses for which the convictions were obtained; and a general<br>assessment of the importance of the interceptions. The state's attorney shall submit the report to<br>the attorney general by January first of each year.The report must include all orders andapplications made, but not in effect, during the preceding year.29-29.2-05. Inapplicability. This chapter does not apply to the interception, disclosure,or use of a wire, electronic, or oral communication if the person intercepting, disclosing, or using<br>the wire, electronic, or oral communication:1.Was a person acting under color of law to intercept a wire, electronic, or oral<br>communication and was a party to the communication or one of the parties to the<br>communication had given prior consent to such interception; or2.Was a party to the communication or one of the parties to the communication had<br>given prior consent to such interception and such communication was not<br>intercepted for the purpose of committing a crime or other unlawful harm.Page No. 7Document Outlinechapter 29-29.2 wiretapping in drug offense investigations
