Alabama § 20-2B-9 Use of Suppression of Contents of Intercepted Wire or Electronic Communication, or Evidence Derived Therefrom, as Evidence in Trial, Hearings, Etc

Alabama Statutes

§ 20-2B-9 — Use of Suppression of Contents of Intercepted Wire or Electronic Communication, or Evidence Derived Therefrom, as Evidence in Trial, Hearings, Etc

Alabama·Title 20 Food, Drugs and Cosmetics·Ch. 2B Agent Billy Clardy III Act

(a)The contents of an intercepted wire or electronic communication, or evidence derived from the communication, may not be entered in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party has been furnished a copy of the court order and application under which the intercept was authorized or approved, at least 10 days before the date of the trial, hearing, or other proceeding. The 10-day period may be waived by the judge if he or she finds it is not possible to furnish the party with the information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.

(b)An aggrieved individual charged with an offense in a trial, hearing, or proceeding in or be

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The contents of an intercepted wire or electronic communication, or evidence derived from the communication, may not be entered in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party has been furnished a copy of the court order and application under which the intercept was authorized or approved, at least 10 days before the date of the trial, hearing, or other proceeding. The 10-day period may be waived by the judge if he or she finds it is not possible to furnish the party with the information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(b) An aggrieved individual charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States or of this state or a political subdivision of this state, may move to suppress the contents of an intercepted wire or electronic communication or evidence derived from the communication on any of the following grounds:
(1) The communication was unlawfully intercepted.
(2) The order authorizing the interception is insufficient on its face.
(3) The interception was not made in conformity with the order.
(c) The motion to suppress shall be made before the trial, hearing, or proceeding, unless there was no opportunity to make the motion before the trial, hearing, or proceeding, or the individual was not aware of the grounds of the motion before the trial, hearing, or proceeding. The hearing on the motion shall be held in camera upon the written request of the aggrieved individual. If the motion is granted, the contents of the intercepted wire or electronic communication, and evidence derived from the communication, shall be treated as inadmissible evidence. The judge, on the filing of the motion by the aggrieved individual, shall make available for inspection to the aggrieved individual, or his or her counsel, any portion of the intercepted communication, or evidence derived from the communication, that the judge determines is in the interest of justice to make available.

Alabama § 20-2B-9 (Use of Suppression of Contents of Intercepted Wire or Electronic Communication, or Evidence Derived Therefrom, as Evidence in Trial, Hearings, Etc) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.