542.408. Application, contents--ex parte order issued, when, contents, extensions granted, when--reports, court may require, when--pen registers, who may request--communication, common carriers may pr - Missouri Statutes

Application, contents--ex parte order issued, when, contents,extensions granted, when--reports, court may require, when--penregisters, who may request--communication, common carriers may provideaid, immunity from suit, compensation.

542.408. 1. Each application for an order authorizing or approvingthe interception of a wire communication shall be made in writing and shallbe submitted to the attorney general for his review and approval. If theattorney general approves the application, he shall join such application,which shall be submitted upon oath or affirmation to a court of competentjurisdiction and shall state the applicant's authority to make suchapplication. Each application shall include the following information:

(1) The identity of the prosecuting attorney making the applicationtogether with the identities of the law enforcement agency or agencies thatare to conduct the interception;

(2) A full and complete statement of the facts and circumstancesrelied upon by the applicant to justify his belief that an order should beissued, including:

(a) Details as to the particular offense that has been, is being, oris about to be committed;

(b) A particular description of the nature and location of thefacilities from which or the place where the communication is to beintercepted;

(c) A particular description of the type of communications sought tobe intercepted; and

(d) The identity of the person and employment, if known, committingthe offense and whose communications are to be intercepted;

(e) That the application is sought solely for detection of the crimesenumerated in section 542.404;

(3) A full and complete statement as to whether other investigativeprocedures have been tried and failed, or why they reasonably appear to beunlikely to succeed if tried, or to be too dangerous;

(4) A statement of the period of time for which the interception isrequired to be maintained. If the nature of the investigation is such thatthe authorization for the interception should not automatically terminatewhen 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 thereafter;

(5) A full and complete statement of the facts concerning allprevious applications known or available to the individual authorizing andmaking the application, made to any court for authorization to intercept,or for approval of interceptions of, wire communications involving any ofthe same persons, facilities or places specified in the application, andthe action taken by the court on each such application;

(6) Where the application is for the extension of an order, astatement setting forth the results thus far obtained from theinterception, or an explanation of the failure to obtain such results; and

(7) A statement that adequate resources are available to perform theinterception and the estimated number of persons required to accomplish theinterception.

2. The court may require the applicant to furnish additionaltestimony or documentary evidence in support of the application.

3. Upon such application the court may enter an ex parte order, asrequested or as modified, authorizing or approving interception of wirecommunications within the territorial jurisdiction of the court, if thecourt determines on the basis of the facts submitted by the applicant that:

(1) Probable cause exists to believe that an individual iscommitting, has committed, or is about to commit a particular offenseenumerated in section 542.404;

(2) Probable cause exists to believe that particular communicationsconcerning that offense will be obtained through such interception;

(3) Normal investigative procedures have been tried and have failedor reasonably appear to be unlikely to succeed if tried or to be toodangerous; and

(4) Probable cause exists to believe that the facilities from which,or the place where, the wire communications are to be intercepted are beingused, or are about to be used, in connection with the commission of suchoffense, or are leased to, listed in the name of, or commonly used by suchperson.

4. Each order authorizing or approving the interception of any wirecommunication shall specify:

(1) The identity of the person and employment, if known, whosecommunications are to be intercepted;

(2) The nature and location of the communication facilities as towhich, or the place where, authority to intercept is granted includingwhether the interception involves a cellular or other wireless device;

(3) A particular description of the type of communication sought tobe intercepted, and a statement of the particular offense to which itrelates;

(4) The identity of the agency authorized to intercept thecommunications, and of the person authorizing the application;

(5) The period of time during which such interception is authorized,including a statement as to whether or not the interception shallautomatically terminate when the described communication has been firstobtained.

5. No order entered under this section may authorize or approve theinterception of any wire communication for any period longer than isnecessary to achieve the objective of the authorization, nor in any eventlonger than thirty days. Extensions of an order may be granted, but onlyupon application for an extension made in accordance with subsection 1 ofthis section and the court making the findings required by subsection 3 ofthis section. The period of extension shall be no longer than the courtdeems necessary to achieve the purposes for which it was granted and in noevent longer than thirty days. Every order and extension thereof shallcontain 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 undersections 542.400 to 542.422, and shall terminate upon attainment of theauthorized objective, or in any event in thirty days.

6. Whenever an order authorizing interception is entered pursuant tothe provisions of sections 542.400 to 542.422, the order may requirereports to be made to the court who issued the order showing what progresshas been made toward achievement of the authorized objective and the needfor continued interception. Such reports shall be made at such intervalsas the court may require, but in no case longer than thirty days.

7. Notwithstanding any other provisions of sections 542.400 to542.422, any law enforcement officer with the approval of the prosecutingattorney may request an order of an appropriate court whenever reasonablegrounds therefor exist to have a pen register placed in effect, which penregister will only determine the phone number to which the call is placed.

8. Notwithstanding any other provision of law to the contrary,communication common carriers, and their officers, employees and agents,may provide information, facilities or technical assistance to personsauthorized by law to intercept wire communications, if the communicationcommon carrier, its officers, employees or agents have been provided with acourt order directing such assistance signed by the authorizing court. Thecourt order shall set forth the period of time during which the provisionof the information, facilities or technical assistance is authorized andspecifying the information, facilities, or technical assistance required.No cause of action shall lie in any court against any communication commoncarrier, its officers, employees, and agents for providing information,facilities or assistance in accordance with the terms of an order underthis subsection. Any communication common carrier furnishing suchfacilities or technical assistance shall be compensated therefor by theprosecuting attorney at the prevailing rates.

(L. 1989 H.B. 277, et al. § 5, A.L. 2002 S.B. 712)