§ 23-546 — Applications for authorization or approval of interception of wire or oral communications.

District of Columbia § 23-546

• Jurisdiction: District of Columbia
• Title 23: Criminal Procedure. [Enacted title]
• Ch. 5: Warrants and Arrests.
• Subch. III: Wire Interception and Interception of Oral Communications.

Text

(a) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order authorizing the interception of wire or oral communications.

(b) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order of approval of the previous interception of any wire or oral communication, when the contents of such communication —

(1) relate to an offense other than that specified in an order of authorization;

(2) were intercepted in an emergency situation; or

(3) were intercepted in an emergency situation and relate to an offense other than that contemplated at the time the interception was made.

(c) An application for an order of authorization (as provided in subsection (a) of this section) or of approval (as provided in paragraph (2) of subsection (b) of this section) may be authorized only when the interception of wire or oral communications may provide or has provided evidence of the commission of or a conspiracy to commit any of the following offenses:

(1) Any of the offenses specified in the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, and listed in the following table: Offense: Specified in - Arson sections 820, 821 (D.C. Code, secs. 22-301, 22-302). Burglary section 823 (D.C. Code, sec. 22-801). Destruction of property of value in excess of $1000 section 848 (D.C. Code, sec. 22-303). Gambling sections 863, 866, 869e (D.C. Code, secs. 22-1701, 22-1705, 22-1713). Kidnapping section 812 (D.C. Code, sec. 22-2001). Murder sections 798, 800 (D.C. Code, secs. 22-2101, 22-2103). Robbery section 810 (D.C. Code, sec. 22-2801).

(2) Bribery as specified in the Act of February 26, 1936 (D.C. Code, sec. 22-704).

(3) Threats as specified in section 1501 of the Omnibus Crime Control and Safe Streets Act of 1968 (D.C. Code, secs. 22-5106, 22-1810).

(4) Offenses involving the manufacture, distribution, or possession with intent to manufacture or distribute controlled substances as specified in sections 401 through 403 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Code, secs. 48-904.01 through 48-904.03).

(5) Any of the offenses specified in the District of Columbia Theft and White Collar Crimes Act of 1982, and listed in the following table: Offense: Specified in - Extortion section 151 [D.C. Code, § 22-3251 ]. Blackmail section 152 [D.C. Code, § 22-3252 ]. Bribery section 302 [D.C. Code, § 22-712 ]. Obstruction of justice section 502 [D.C. Code, § 22-722 ]. Receiving stolen property of value in excess of $1000 section 132 [D.C. Code, § 22-3232 ]. Theft of property of value in excess of $1000 section 111 [D.C. Code, § 22-3211 ]. Trafficking in stolen property section 131 [D.C. Code, § 22-3231 ].

Legislative History

July 29, 1970, 84 Stat. 620, Pub. L. 91-358, title II, § 210(a); Dec. 1, 1982, D.C. Law 4-164, § 601(f), 29 DCR 3976; Apr. 30, 1988, D.C. Law 7-104, § 7(c), 35 DCR 147; June 3, 2011, D.C. Law 18-377, § 14, 58 DCR 1174