(a) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia unless not less than ten days before the trial, hearing, or proceeding --
(1) the inventory as provided in section 23-550 has been served; and
(2) the parties to the action have been served with a copy of the order and accompanying application under which the interception was authorized or approved.
This ten-day period may be waived by court order where a court finds that it was not possible to furnish the party with the above information ten days before the trial hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(b) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that --
(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under which it was intercepted is insufficient on its face;
(3) the interception was not made in conformity with the order of authorization or approval;
(4) service was not made as provided in section 23-547; or
(5) the seal prescribed by section 23-549(a) is not present and there is no satisfactory explanation for its absence.
The motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this subchapter and shall not be received in evidence in the trial, hearing, or proceeding. The judge, upon the filing of the motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.
CREDIT(S)
(July 29, 1970, 84 Stat. 624, Pub. L. 91-358, title II, § 210(a); Dec. 7, 1970, 84 Stat. 1390, Pub. L. 91-530, § 2(c).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-551.
1973 Ed., § 23-551.