§803-45  Authorization for disclosure and
use of intercepted wire, oral, or electronic communications.  (a)  Any
investigative or law enforcement officer, who, by any means authorized by this
part, has obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose the contents to
another investigative or law enforcement officer to the extent that the
disclosure is appropriate to the proper performance of the official duties of
the officer making or receiving the disclosure.



(b)  Any investigative or law enforcement
officer, who by any means authorized by this part, has obtained knowledge of
the contents of any wire, oral, or electronic communication or evidence derived
therefrom may use the contents to the extent the use is appropriate to the
proper performance of the officer's official duties.



(c)  Any person who has received, by any means
authorized by this part, any information from a wire, oral, or electronic
communication, or evidence derived therefrom intercepted in accordance with the
provisions of this part may disclose the contents of that communication or any
derivative evidence while giving testimony under oath or affirmation in any
proceeding in any court or before the grand jury in this State.



(d)  No otherwise privileged wire, oral, or
electronic communication intercepted in accordance with, or in violation of,
the provisions of this part shall lose its privileged character.



(e)  When an investigative or law enforcement
officer, while engaged in authorized interception, intercepts wire, oral, or
electronic communications relating to offenses other than those specified in
the order of authorization or approval, the contents thereof, and evidence
derived therefrom, may be disclosed or used as provided in subsections (a) and
(b) of this section.  The contents and any evidence derived therefrom may be
used under subsection (c) of this section when authorized or approved by the
designated judge where the judge finds on subsequent application, made as soon
as practicable, that the contents were otherwise intercepted in accordance with
the provisions of this part.



(f)  Evidence obtained pursuant to an order
issued under this part for the interception of a wire, oral, or electronic
communication pursuant to an order issued under this part shall not be
admissible as evidence in the State's case in chief in a criminal case where
the highest grade of offense charged is a misdemeanor.



(g)  No part of the contents of any wire, oral,
or electronic communication and no evidence derived therefrom may be received
into evidence at any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, legislative
committee, or other authority of the State or a county, or be included in any
information used to charge a criminal offense under chapter 806, if the
disclosure would be in violation of this part. [L 1978, c 218, pt of §2; gen ch
1985; am L 1986, c 303, §5; am L 1989, c 164, §7; am L 2006, c 200, pt of §4]