§ 12-5.1-2. Application for orders.
(a) The attorney general, or an assistant attorney general specially designated by the
attorney general, may apply ex parte to the presiding justice of the superior court
of competent jurisdiction for an order authorizing the interception of any wire, electronic,
or oral communications. Each application ex parte for an order must be in writing,
subscribed and sworn to by the applicant.
(b) The application must contain:
(1) The identity of the officer making the application;
(2) A full and complete statement of the facts and circumstances relied upon by the applicant
to justify his or her belief that an order should be issued, including:
(i) Details as to the particular designated offense that has been, is being, or is about
to be committed;
(ii) A particular description of the nature and location of the facilities from which,
or the place where, the communication is to be intercepted;
(iii) A particular description of the type of communications sought to be intercepted; and
(iv) 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;
(4) A statement of the period of time for which the interception is required to be maintained.
If the nature of the investigation is such that the authorization of interception
should not automatically terminate when the described type of communication has been
first obtained, a particular description of facts establishing probable cause to believe
that additional communications of the same type will occur after the described type
of communication has been first obtained;
(5) A full and complete statement of the facts concerning all previous applications, known
to the individual making the application, made to the presiding justice of the superior
court for authorization to intercept wire, electronic, or oral communications involving
any of the same persons, facilities or places specified in the application, and the
action taken by the presiding justice of the superior court on each application; and
(6) Where 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 the results.
(c) The presiding justice of the superior court may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(d) Allegations of fact in the application may be based either upon the personal knowledge
of the applicant or upon information and belief. If the applicant personally knows
the fact alleged, it must be so stated. If the facts establishing reasonable cause
are derived in whole or in part from the statements of persons other than the applicant,
the sources of the information and belief must be either disclosed or described, and
the application must contain facts establishing the existence and reliability of the
informant, or the reliability of the information supplied by the informant. The application
must also state, so far as possible, the basis of the informant's knowledge or belief.
If the applicant's information and belief is derived from tangible evidence or recorded
oral evidence, a copy or detailed description of the evidence should be annexed to
or included in the application. Affidavits of persons other than the applicant must
be submitted in conjunction with the application if they tend to support any fact
or conclusion alleged in the application. Accompanying affidavits may be based either
on personal knowledge of the affiant, or information and belief with the source of
the information and reason for the belief specified.