§ 12-5.1-4 Issuance of orders. – (a) Upon the application as provided in § 12-5.1-2 the presiding justiceof the superior court, or the senior associate justice of the superior courtwhen the presiding justice shall disqualify himself or herself from enteringthe order, may enter an ex parte order, as required or as modified, authorizingthe interception of wire, electronic, or oral communications if the presidingjustice of the superior court determines on the basis of the facts submitted bythe applicant that:
(1) There is probable cause for belief that an individual iscommitting, has committed, or is about to commit a particular designatedoffense;
(2) There is probable cause for belief that particularcommunications concerning that offense will be obtained through theinterception;
(3) Normal investigative procedures have been tried and havefailed or reasonably appear to be unlikely to succeed if tried, or to be toodangerous;
(4) There is probable cause for belief that the facilitiesfrom which, or the place where, the wire, electronic, or oral communicationsare to be intercepted, are being used, or are about to be used, in connectionwith the commission of the offense, or are leased to, listed in the name of, orcommonly used by the individual.
(b) If the facilities from which a wire, electronic, or oralcommunication is to be intercepted are public, no order of authorization shallbe issued unless the court, in addition to the matters provided in subsection(a) of this section, determines that there is a special need to intercept wirecommunications over the facilities.
(c) If the facilities from which, or the place where, thewire, electronic, or oral communications are to be intercepted, are being used,or are about to be used, or are leased to, listed in the name of, or commonlyused by, a licensed attorney-at-law, or an ordained minister of the gospel,priest, or rabbi of any denomination, or is a place used primarily forhabitation by a husband and wife, no order shall be issued unless the presidingjustice of the superior court, in addition to the matters provided insubsection (a) of this section, determines that there is a special need tointercept wire, electronic, or oral communications over those facilities or inthose places, and that the interceptions will be so conducted as to minimize oreliminate interception of privileged communication between lawyers and clients,clergy and confidants, or husbands and wives.
§ 12-5.1-4 Issuance of orders. – (a) Upon the application as provided in § 12-5.1-2 the presiding justiceof the superior court, or the senior associate justice of the superior courtwhen the presiding justice shall disqualify himself or herself from enteringthe order, may enter an ex parte order, as required or as modified, authorizingthe interception of wire, electronic, or oral communications if the presidingjustice of the superior court determines on the basis of the facts submitted bythe applicant that:
(1) There is probable cause for belief that an individual iscommitting, has committed, or is about to commit a particular designatedoffense;
(2) There is probable cause for belief that particularcommunications concerning that offense will be obtained through theinterception;
(3) Normal investigative procedures have been tried and havefailed or reasonably appear to be unlikely to succeed if tried, or to be toodangerous;
(4) There is probable cause for belief that the facilitiesfrom which, or the place where, the wire, electronic, or oral communicationsare to be intercepted, are being used, or are about to be used, in connectionwith the commission of the offense, or are leased to, listed in the name of, orcommonly used by the individual.
(b) If the facilities from which a wire, electronic, or oralcommunication is to be intercepted are public, no order of authorization shallbe issued unless the court, in addition to the matters provided in subsection(a) of this section, determines that there is a special need to intercept wirecommunications over the facilities.
(c) If the facilities from which, or the place where, thewire, electronic, or oral communications are to be intercepted, are being used,or are about to be used, or are leased to, listed in the name of, or commonlyused by, a licensed attorney-at-law, or an ordained minister of the gospel,priest, or rabbi of any denomination, or is a place used primarily forhabitation by a husband and wife, no order shall be issued unless the presidingjustice of the superior court, in addition to the matters provided insubsection (a) of this section, determines that there is a special need tointercept wire, electronic, or oral communications over those facilities or inthose places, and that the interceptions will be so conducted as to minimize oreliminate interception of privileged communication between lawyers and clients,clergy and confidants, or husbands and wives.
§ 12-5.1-4 Issuance of orders. – (a) Upon the application as provided in § 12-5.1-2 the presiding justiceof the superior court, or the senior associate justice of the superior courtwhen the presiding justice shall disqualify himself or herself from enteringthe order, may enter an ex parte order, as required or as modified, authorizingthe interception of wire, electronic, or oral communications if the presidingjustice of the superior court determines on the basis of the facts submitted bythe applicant that:
(1) There is probable cause for belief that an individual iscommitting, has committed, or is about to commit a particular designatedoffense;
(2) There is probable cause for belief that particularcommunications concerning that offense will be obtained through theinterception;
(3) Normal investigative procedures have been tried and havefailed or reasonably appear to be unlikely to succeed if tried, or to be toodangerous;
(4) There is probable cause for belief that the facilitiesfrom which, or the place where, the wire, electronic, or oral communicationsare to be intercepted, are being used, or are about to be used, in connectionwith the commission of the offense, or are leased to, listed in the name of, orcommonly used by the individual.
(b) If the facilities from which a wire, electronic, or oralcommunication is to be intercepted are public, no order of authorization shallbe issued unless the court, in addition to the matters provided in subsection(a) of this section, determines that there is a special need to intercept wirecommunications over the facilities.
(c) If the facilities from which, or the place where, thewire, electronic, or oral communications are to be intercepted, are being used,or are about to be used, or are leased to, listed in the name of, or commonlyused by, a licensed attorney-at-law, or an ordained minister of the gospel,priest, or rabbi of any denomination, or is a place used primarily forhabitation by a husband and wife, no order shall be issued unless the presidingjustice of the superior court, in addition to the matters provided insubsection (a) of this section, determines that there is a special need tointercept wire, electronic, or oral communications over those facilities or inthose places, and that the interceptions will be so conducted as to minimize oreliminate interception of privileged communication between lawyers and clients,clergy and confidants, or husbands and wives.
