13-3015. Emergency interception


A. Notwithstanding any other provision of this chapter, if the attorney general or
a county attorney or such prosecuting attorneys as they may designate in writing
reasonably determines that an emergency situation exists involving immediate danger of
death or serious physical injury to any person, and that such death or serious physical
injury may be averted by interception of wire, electronic or oral communications before
an order authorizing such interception can be obtained, the attorney general or a county
attorney or his designee may specially authorize a peace officer or law enforcement
agency to intercept such wire, electronic or oral communications.


B. The attorney general or county attorney or his designee specially authorizing an
emergency interception pursuant to subsection A of this section shall apply for an order
authorizing the interception, in accordance with the provisions of section 13-3010. The
application shall be made as soon as practicable, and in no event later than forty-eight
hours after commencement of the emergency interception. The application shall include an
explanation and summary of any interception of communications occurring before the
application for authorization.


C. If the prosecuting attorney fails to obtain an authorization within forty-eight
hours after commencement of the emergency interception, or if authorization to intercept
communications is denied, the interception shall immediately terminate and any
communications intercepted without judicial authorization may not be used as evidence in
any criminal or civil proceeding against any person. In either event, the prosecuting
attorney shall furnish to the court an inventory of any communications intercepted, for
service pursuant to the provisions of section 13-3010, subsection I. The provisions of
this subsection do not prohibit the use as evidence of any communications intercepted
without judicial authorization against the persons conducting or authorizing the
interceptions if such interceptions were not made in good faith reliance on this section.