§ 12-5.1-5 - Form and content of orders.
SECTION 12-5.1-5
§ 12-5.1-5 Form and content of orders.– (a) Each order authorizing the interception of any wire, electronic, or oralcommunication shall specify:
(1) The identity, or a particular description of the person,if known, whose communications are to be intercepted;
(2) The nature and location of the communications facilitiesas to which, or the place where, authority to intercept is granted;
(3) A particular description of the type of communicationssought to be intercepted, and a statement of the particular offense to whichthey relate;
(4) The identity of the agency authorized to intercept thecommunications; and
(5) The period of time during which the interception isauthorized, including a statement as to whether or not the interception shallautomatically terminate when the described communication has been firstobtained.
(b) No order entered under this section may authorize theinterception of any wire, electronic, or oral communication for any periodlonger than is necessary to achieve the objective of the authorization, nor inany event longer than thirty (30) days. Extensions of an order may be granted,but only upon application for an extension made in accordance with §12-5.1-2 and the court making the findings required by § 12-5.1-4. Theperiod of extension shall be no longer than the presiding justice of thesuperior court deems necessary to achieve the purposes for which it was grantedand in no event for longer than thirty (30) days. Every order and extensionshall contain a provision that the authorization to intercept shall be executedas soon as practicable, shall be conducted in such a way as to minimize theinterception of communications not otherwise subject to interception under thischapter, and must terminate upon attainment of the authorized objective, or inany event in thirty (30) days.
(c) Whenever an order authorizing interception is enteredpursuant to this chapter, the order may require reports to be made to thepresiding justice of the superior court who issued the order showing whatprogress has been made toward achievement of the authorized objective and theneed for continued interception. These reports shall be made at any intervalsthat the presiding justice of the superior court may require.
(d) A court order issued by a judge of competent jurisdictionauthorizing the interception of a wire, electronic, or oral communication maydirect an officer, employee, or agent of any communications common carrier orelectronic communications service to provide information, facilities, andtechnical assistance to the applicant attorney general or an assistant attorneygeneral specially designated by the attorney general or law enforcement officeror agency who, pursuant to this chapter, is designated to intercept a wire,electronic, or oral communication. The communications common carrier orelectronic communication service shall, if ordered, immediately furnish theapplicant attorney general or assistant attorney general specially designatedby the attorney general all information, facilities, and technical assistancenecessary to accomplish the interception unobtrusively and with a minimum ofinterference with the services that the communications carrier or electroniccommunication service is according the person whose communications are to beintercepted. A communications common carrier or electronic communicationservice shall furnish the information, facilities, and technical assistance atits prevailing rate or tariffs to the applicant attorney general or assistantattorney general specially designated by the attorney general or lawenforcement officer or agency so designated to intercept a wire, electronic, ororal communication.