542.412. Contents may be used as evidence, when--disclosure of additional evidence to defendant.
Contents may be used as evidence, when--disclosure of additionalevidence to defendant.
542.412. 1. The contents of any intercepted wire communications orevidence derived therefrom shall not be received in evidence or otherwisedisclosed in any trial, hearing, or other proceeding in federal or statecourt nor in any administrative proceeding unless each party, in compliancewith supreme court rules relating to discovery in criminal cases, hearingsand proceedings, has been furnished with a copy of the court order andaccompanying application under which the interception was authorized orapproved and a transcript of any intercepted wire communication or evidencederived therefrom.
2. If the defense in its request designates material or informationnot in the possession or control of the state, but which is, in fact, inthe possession or control of other governmental personnel, the state shalluse diligence and make good faith efforts to cause such materials to bemade available to the defendant's counsel, and if the state's efforts areunsuccessful and such material or other governmental personnel are subjectto the jurisdiction of the court, the court, upon request, shall issuesuitable subpoenas or orders to cause such material or information to bemade available to the state for disclosure to the defense.
(L. 1989 H.B. 277, et al. § 7, A.L. 2002 S.B. 712)