542.404. Application for an order--authorization by attorney general--approval by judge, probable cause required. - Missouri Statutes

Application for an order--authorization by attorney general--approvalby judge, probable cause required.

542.404. 1. The elected prosecuting attorney of the county with thewritten authorization of the attorney general of the state of Missouri maymake application for an order authorizing the interception of a wirecommunication. The supreme court of Missouri, upon notice that theattorney general of the state of Missouri has authorized application for aninterception of a wire communication, shall appoint a circuit court from acircuit other than the circuit where the application originates to approveor deny the application and to issue any necessary orders. Such court maygrant, in conformity with sections 542.400 to 542.422, an order authorizingthe interception of wire communications by the law enforcement agencyhaving responsibility for the investigation of the offense if there isprobable cause to believe that the interception may provide evidence of afelony which involves the manufacture or distribution of a controlledsubstance, as the term is defined by section 195.016, RSMo, or the felonyof murder, arson, or kidnapping, or a terrorist threat as defined insection 574.115, RSMo, or any conspiracy to commit any of the foregoing.

2. Any order entered pursuant to the provisions of sections 542.400to 542.422 shall require live monitoring by appropriate law enforcementpersonnel of the interception of any wire communication.

(L. 1989 H.B. 277, et al. § 3, A.L. 2002 S.B. 712)