77-23a-9 - Disclosure or use of intercepted information.
77-23a-9. Disclosure or use of intercepted information.
(1) Any investigative or law enforcement officer who, by any means authorized by thischapter, has obtained knowledge of the contents of any wire, electronic, or oral communication,or evidence derived from any of these, may disclose those contents to another investigative or lawenforcement officer to the extent that the disclosure is appropriate to the proper performance ofthe official duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means authorized by thischapter, has obtained knowledge of the contents of any wire, electronic, or oral communication orevidence derived from any of them may use those contents to the extent the use is appropriate tothe proper performance of his official duties.
(3) Any person who has received, by any means authorized by this chapter, anyinformation concerning a wire, electronic, or oral communication or evidence derived from any ofthem intercepted in accordance with this chapter may disclose the contents of that communicationor the derivative evidence while giving testimony under oath or affirmation in any proceedingheld under the authority of the United States or of any state or political subdivision.
(4) An otherwise privileged wire, electronic, or oral communication intercepted inaccordance with, or in violation of, the provisions of this chapter does not lose its privilegedcharacter.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire,electronic, or oral communications in the manner authorized, intercepts wire, electronic, or oralcommunications relating to offenses other than those specified in the order of authorization orapproval, the contents, and evidence derived from the contents, may be disclosed or used asprovided in Subsections (1) and (2). The contents and any evidence derived from them may beused under Subsection (3) when authorized or approved by a judge of competent jurisdiction, ifthe judge finds on subsequent application that the contents were otherwise intercepted inaccordance with this chapter. The application shall be made as soon as practicable.
Amended by Chapter 251, 1988 General Session