§1310. Procedure for interception of wire, electronic, or oral communications
A. Each application for an order authorizing or approving the interception of a wire,
electronic, or oral communication shall be made in writing upon oath or affirmation to a
judge in whose district such interception of wire, electronic, or oral communication shall take
place and shall state the applicant's authority to make such application. Each application shall
include the following information:
(1) The identity of the investigative or law enforcement officer making the
application and the person authorizing the application.
(2) A full and complete statement of the facts and circumstances relied upon by the
applicant to justify his belief that an order should be issued, including:
(a) Details as to the particular offense that has been, is being, or is about to be
committed,
(b) A particular description of the nature and location of the facilities from which or
the place where the communication is to be intercepted,
(c) A particular description of the type of communications sought to be intercepted,
and
(d) The identity of the person, if known, committing the offense and whose
communications are to be intercepted.
(3) A full and complete statement as to whether or not other investigative procedures
have been tried and failed or why they reasonably appear to be unlikely to succeed if tried
or to be too dangerous, or that such circumstances exist that without immediate action a
human life may be endangered.
(4) A statement of the period of time for which the interception is required to be
maintained, which shall not exceed thirty days.
(5) When the application is for the extension of an order, a statement setting forth
the results thus far obtained from the interception, or a reasonable explanation of the failure
to obtain such results.
(6) A full and complete statement of the facts concerning previous applications for
the past five years, known to the individuals authorizing and making the application, made
to any judge for authorization to intercept, or for approval of interception of, wire, electronic,
or oral communications involving any of the same persons, facilities, or places specified in
the application, and the action taken by the judge on each such application.
B.(1) If statements of an identified or unidentified informant are relied upon in the
application as a basis for establishing that there are reasonable grounds to believe that an
offense has been, is being, or is about to be committed, the application shall set forth the
factual basis for the affiant's belief that the informant is credible and that the information has
been obtained in a reliable manner. The judge considering the application may order that the
informant be presented and sworn to afford the judge opportunity to inquire if the statements
made in the application are true and the application shall state that the informant was
presented to the judge and sworn for such purpose if so ordered. This provision shall not
affect the privileged character of the identity of an informant. Nothing herein shall be
construed to require the identification of a confidential informant.
(2) The judge may require the applicant to furnish additional testimony or
documentary evidence.
C. Upon such application the judge may enter an ex parte order, as requested or as
modified, authorizing or approving interception of wire, electronic, or oral communications
within the territorial jurisdiction of the district in which the judge is sitting, if the judge
determines on the basis of the facts submitted by the applicant that:
(1) There is probable cause for belief that an individual is committing, has
committed, or is about to commit a particular offense enumerated in R.S. 15:1308.
(2) There is probable cause for belief that particular communications concerning that
offense will be obtained through such interception.
(3) There is probable cause for belief that the facilities from which, or the place
where, the wire or oral communications are to be intercepted are being used, or are about to
be used, in connection with the commission of such offense or are leased to, listed in the
name of, or commonly used by such person.
(4) There is reason to believe that investigative procedures have been tried and failed
or they reasonably appear to be unlikely to succeed if tried or to be dangerous, or that such
circumstances exist that without immediate action a human life may be endangered.
(5) The interception of wire, electronic, or oral communications, as planned, is not
reasonably expected to intercept privileged communications.
D.(1) Each order authorizing or approving the interception of any wire, electronic,
or oral communication shall specify:
(a) The identity of the person, if known, whose communications are to be
intercepted.
(b) The nature and location of the communications facilities as to which, or the place
where, authority to intercept is granted.
(c) A particular description of the type of communication sought to be intercepted
and a statement of the particular offense to which it relates.
(d) The identity of the agency authorized to intercept the communications, the person
applying for the application, and the person authorizing the application.
(e) The period of time during which such interception is authorized.
(f) The specific location of the monitoring post.
(2) An order issued under this Section shall direct, upon request of the applicant, the
furnishing of information, facilities, and technical assistance necessary to accomplish the
installation of the pen register or trap and trace device under R.S. 15:1312.1.
E. No order entered under this Section may authorize or approve the interception of
any wire, electronic, or oral communication for any period longer than is necessary to
achieve the objective of the investigation, and in no event longer than thirty days. Extensions
of an order may be granted, but only upon application for an extension made in accordance
with Subsection A of this Section and the court's making the findings required by Subsection
C of this Section. The period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted and in no event for longer
than thirty successive days or until the described type of communication has been obtained.
Every order and extension thereof shall contain a provision that the authorization to intercept
shall be executed as soon as practicable, shall be conducted in such a way as to minimize the
interception of communications not otherwise subject to interception under this Chapter, and
must terminate upon completion of the investigation or expiration of the order.
F.(1) The contents of any wire, electronic, or oral communication intercepted by any
means authorized by this Chapter shall be recorded on tape or wire or other comparable
device. The recording of the contents of any wire, electronic, or oral communication under
this Subsection shall be done in such way as will protect the recording from editing or other
alterations. Immediately upon the expiration of the period of the order, or extensions thereof,
such recordings shall be made available to the judge issuing such order and sealed under his
directions. Custody of the recording shall be wherever the judge orders. They shall not be
destroyed except upon an order of the issuing or denying judge and in any event shall be kept
for ten years. Duplicate recordings may be made for use or disclosure pursuant to the
provisions of R.S. 15:1309(A) and (B) for investigations. The presence of the seal provided
for by this Subsection, or a satisfactory explanation for the absence thereof, shall be a
prerequisite for the use or disclosure of the contents of any wire, electronic, or oral
communication or evidence derived therefrom under R.S. 15:1309(C).
(2) Applications made and orders granted under this Chapter shall be sealed by the
judge. Custody of the applications and orders shall be wherever the judge directs. Such
applications and orders shall be disclosed only upon a showing of good cause before a judge
in whose district the interception of wire, electronic, or oral communication took place and
shall not be destroyed, except on order of the issuing or denying judge, and in any event shall
be kept for ten years.
(3) Any violation of the provisions of this Subsection may be punished as contempt
of the issuing or denying judge.
(4) Within a reasonable time, but not later than ninety days after the filing of an
application for an order of approval, the issuing judge shall cause to be served, on the
persons named in the order of the application, and such other parties to intercepted
communications as the judge may determine in his discretion to be in the interest of justice,
an inventory which shall include notice of:
(a) The fact of the entry of the order or the application;
(b) The date of the entry and the period of authorized, approved, or disapproved
interception, or the denial of the application; and
(c) The fact that during the period wire, electronic, or oral communications were or
were not intercepted. The judge, upon the filing of a motion, may in his discretion make
available to such person or his counsel for inspection such portions of the intercepted
communications, applications, and orders as the judge determines to be in the interest of
justice. On an ex parte showing of good cause to a judge in whose district the interception
of wire, electronic, or oral communications took place, the serving of the inventory required
by this Subsection may be postponed until such time as may be appropriate in the
circumstances.
(5) Whenever an order authorizing the interceptions is entered pursuant to this
Chapter, the order shall require reports to be made to the judge who issued the order showing
what progress has been made toward achievement of the authorized objective and the need
for continued interception. Such reports shall be made at such intervals as the judge may
require.
G. The contents of any intercepted wire, electronic, or oral communication or
evidence derived therefrom shall not be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in any court unless each party, not less than thirty days
before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and
accompanying application, under which the interception was authorized or approved. This
thirty-day period may be waived by the judge if he finds that it was not possible to furnish
the party with the above information thirty days before the trial, hearing, or proceeding and
that the party will not be prejudiced by the delay in receiving such information.
H.(1) Any aggrieved person in any trial, hearing, or proceeding in or before any
court, department, officer, agency, regulatory body, or other authority of the state, or a
political subdivision thereof, may move to suppress the contents of any intercepted wire,
electronic, or oral communication, or evidence derived therefrom, on the grounds that:
(a) The communication was unlawfully intercepted;
(b) The order of authorization or approval under which it was intercepted is
insufficient on its face; or
(c) The interception was not made in conformity with the order of authorization or
approval.
(2) Such motion shall be made before the trial, hearing, or proceeding, unless there
was not opportunity to make such motion or the person was not aware of the grounds of the
motion. If the motion is granted, the contents of the intercepted wire, electronic, or oral
communication, or evidence derived therefrom, shall be treated as having been obtained in
violation of this Chapter. The judge, upon the filing of such motion by the aggrieved person,
may in his discretion make available to the aggrieved person or his counsel for inspection
such portion of the intercepted communication or evidence derived therefrom as the judge
determines to be in the interests of justice.
(3) In addition to any other right to appeal, the state shall have the right to appeal
from an order granting a motion to suppress made under this Subsection, or the denial of any
application for an order of approval, if the attorney general or district attorney shall certify
to the judge or other official granting such motion or denying such application that the appeal
is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date
the order was entered and shall be diligently prosecuted.