§ 108B-4 — Application for order of interception

(a) Each application for an order of authorization to intercept a private communication shall be made in writing upon oath or affirmation and shall include: (1) the authority of the applicant to make the application; (2) the identity of the electronic criminal surveillance officer for whom the authority to intercept a private communication is sought; (3) the facts relied upon by the applicant including: (i) the identity of the particular person, if known, who is committing, is about to commit, or has committed the offense and whose private communication is to be intercepted; (ii) the details as to the particular offense that has been, is being, or is about to be committed; (iii) the particular type of private communication to be intercepted; (iv) except as provided in Section 108B-7.5, a showing that there is probable cause to believe that the private communication will be communicated on the particular wire or electronic communication facility involved or at the particular place where the oral communication is to be intercepted; (v) except as provided in Section 108B-7.5, the character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication is to be intercepted; (vi) the objective of the investigation; (vii) a statement of the period of time for which the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur; (viii) a particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ; (4) where the application is for the extension of an order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results; (5) a statement of the facts concerning all previous applications known to the applicant made to any court for authorization to intercept a private communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application; (6) a proposed order of authorization for consideration by the judge; and (7) such additional statements of facts in support of the application on which the applicant may rely or as the chief judge may require. (b) As part of the consideration of that part of an application for which there is no corroborative evidence offered, the chief judge may inquire in camera as to the identity of any informant or request any other additional information concerning the basis upon which the State's Attorney, or the head of the law enforcement agency has relied in making an application or a request for application for the order of authorization which the chief judge finds relevant to the determination of probable cause under this Article.

Legislative History

(Source: P.A. 92-854, eff. 12-5-02.)