State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-290

§15A‑290.  Offenses for which orders for electronic surveillance may begranted.

(a)        Orders authorizingor approving the interception of wire, oral, or electronic communications maybe granted, subject to the provisions of this Article and Chapter 119 of theUnited States Code, when the interception:

(1)        May provide or hasprovided evidence of the commission of, or any conspiracy to commit:

a.         Any of the drug‑traffickingviolations listed in G.S. 90‑95(h); or

b.         A continuingcriminal enterprise in violation of G.S. 90‑95.1.

(2)        May expedite theapprehension of persons indicted for the commission of, or any conspiracy tocommit, an offense listed in subdivision (1) of this subsection.

(b)        Orders authorizingor approving the interception of wire, oral, or electronic communications maybe granted, subject to the provisions of this Article and Chapter 119 of theUnited States Code, when the interception may provide, or has provided,evidence of any offense that involves the commission of, or any conspiracy to commit,murder, kidnapping, hostage taking, robbery, extortion, bribery, rape, or anysexual offense, or when the interception may expedite the apprehension ofpersons indicted for the commission of these offenses.

(c)        Orders authorizingor approving the interception of wire, oral, or electronic communications maybe granted, subject to the provisions of this Article and Chapter 119 of theUnited States Code, when the interception may provide, or has provided,evidence of any of the following offenses, or any conspiracy to commit theseoffenses, or when the interception may expedite the apprehension of personsindicted for the commission of these offenses:

(1)        Any felony offenseagainst a minor, including any violation of G.S. 14‑27.7 (Intercourse andsexual offenses with certain victims; consent no defense), G.S. 14‑41(Abduction of children), G.S. 14‑190.16 (First degree sexual exploitationof a minor), G.S. 14‑190.17 (Second degree sexual exploitation of aminor), G.S. 14‑190.18 (Promoting prostitution of a minor), G.S. 14‑190.19(Participating in prostitution of a minor), or G.S. 14‑202.1 (Takingindecent liberties with children).

(2)        Any felonyobstruction of a criminal investigation, including any violation of G.S. 14‑221.1(Altering, destroying, or stealing evidence of criminal conduct).

(3)        Any felony offenseinvolving interference with, or harassment or intimidation of, jurors orwitnesses, including any violation of G.S. 14‑225.2 or G.S. 14‑226.

(4)        Any felony offenseinvolving assault or threats against any executive or legislative officer inviolation of Article 5A of Chapter 14 of the General Statutes or assault with afirearm or other deadly weapon upon governmental officers or employees inviolation of G.S. 14‑34.2.

(5)        Any offenseinvolving the manufacture, assembly, possession, storage, transportation, sale,purchase, delivery, or acquisition of weapons of mass death or destruction inviolation of G.S. 14‑288.8 or the adulteration or misbranding of food,drugs, cosmetics, etc., with the intent to cause serious injury in violation ofG.S. 14‑34.4.

(d)        When aninvestigative or law enforcement officer, while engaged in intercepting wire,oral, or electronic communications in the manner authorized, intercepts wire,electronic, or oral communications relating to offenses other than thosespecified in the order of authorization or approval, the contents thereof, andevidence derived therefrom, may be disclosed or used as provided in G.S. 15A‑294(a)and (b). Such contents and any evidence derived therefrom may be used inaccordance with G.S. 15A‑294(c) when authorized or approved by a judicialreview panel where the panel finds, on subsequent application made as soon aspracticable, that the contents were otherwise intercepted in accordance withthis Article or Chapter 119 of the United States Code.

(e)        No otherwiseprivileged wire, oral, or electronic communication intercepted in accordancewith, or in violation of, the provisions of this Article or Chapter 119 of theUnited States Code, shall lose its privileged character. (1995,c. 407, s. 1.)