§ 12-5.1-2 - Application for orders.
SECTION 12-5.1-2
§ 12-5.1-2 Application for orders. –(a) The attorney general, or an assistant attorney general specially designatedby the attorney general, may apply ex parte to the presiding justice of thesuperior court of competent jurisdiction for an order authorizing theinterception of any wire, electronic, or oral communications. Each applicationex parte for an order must be in writing, subscribed and sworn to by theapplicant.
(b) The application must contain:
(1) The identity of the officer making the application;
(2) A full and complete statement of the facts andcircumstances relied upon by the applicant to justify his or her belief that anorder should be issued, including:
(i) Details as to the particular designated offense that hasbeen, is being, or is about to be committed;
(ii) A particular description of the nature and location ofthe facilities from which, or the place where, the communication is to beintercepted;
(iii) A particular description of the type of communicationssought to be intercepted; and
(iv) The identity of the person, if known, committing theoffense and whose communications are to be intercepted;
(3) A full and complete statement as to whether or not otherinvestigative procedures have been tried and failed or why they reasonablyappear to be unlikely to succeed if tried or to be too dangerous;
(4) A statement of the period of time for which theinterception is required to be maintained. If the nature of the investigationis such that the authorization of interception should not automaticallyterminate when the described type of communication has been first obtained, aparticular description of facts establishing probable cause to believe thatadditional communications of the same type will occur after the described typeof communication has been first obtained;
(5) A full and complete statement of the facts concerning allprevious applications, known to the individual making the application, made tothe presiding justice of the superior court for authorization to interceptwire, electronic, or oral communications involving any of the same persons,facilities or places specified in the application, and the action taken by thepresiding justice of the superior court on each application; and
(6) Where the application is for the extension of an order, astatement setting forth the results thus far obtained from the interception, ora reasonable explanation of the failure to obtain the results.
(c) The presiding justice of the superior court may requirethe applicant to furnish additional testimony or documentary evidence insupport of the application.
(d) Allegations of fact in the application may be basedeither upon the personal knowledge of the applicant or upon information andbelief. If the applicant personally knows the fact alleged, it must be sostated. If the facts establishing reasonable cause are derived in whole or inpart from the statements of persons other than the applicant, the sources ofthe information and belief must be either disclosed or described, and theapplication must contain facts establishing the existence and reliability ofthe informant, or the reliability of the information supplied by the informant.The application must also state, so far as possible, the basis of theinformant's knowledge or belief. If the applicant's information and belief isderived from tangible evidence or recorded oral evidence, a copy or detaileddescription of the evidence should be annexed to or included in theapplication. Affidavits of persons other than the applicant must be submittedin conjunction with the application if they tend to support any fact orconclusion alleged in the application. Accompanying affidavits may be basedeither on personal knowledge of the affiant, or information and belief with thesource of the information and reason for the belief specified.