§ 15A-292. Request for application for electronic surveillance order. - North Carolina Statutes

§15A‑292.  Request for application for electronic surveillance order.

(a)        The head of anymunicipal, county, or State law enforcement agency or any district attorney maysubmit a written request to the Attorney General that the Attorney Generalapply to a judicial review panel for an electronic surveillance order to beexecuted within the requesting agency's jurisdiction. The written requestsshall be on a form approved by the Attorney General and shall providesufficient information to form the basis for an application for an electronicsurveillance order. The head of a law enforcement agency shall also submit acopy of the request to the district attorney, who shall review the request andforward it to the Attorney General along with any comments he may wish toinclude. The Attorney General is authorized to review the request and decidewhether it is appropriate to submit an application to a judicial review panelfor an electronic surveillance order. If a request for an application is deemedinappropriate, the Attorney General shall send a signed, written statement tothe person submitting the request, and to the district attorney, summarizingthe reasons for failing to make an application. If the Attorney General decidesto submit an application to a judicial review panel, he shall so notify therequesting agency head, the district attorney, and the head of the local lawenforcement agency which has the primary responsibility for enforcing thecriminal laws in the location in which it is anticipated the majority of thesurveillance will take place, if not the same as the requesting agency head,unless the Attorney General has probable cause to believe that the latternotifications should substantially jeopardize the success of the surveillanceor the investigation in general. If a judicial review panel grants anelectronic surveillance order, a copy of such order shall be sent to therequesting agency head and the district attorney, and a summary of the ordershall be sent to the head of the local law enforcement agency with primaryresponsibility for enforcing the criminal laws in the jurisdiction where themajority of the surveillance will take place, if not the same as the requestingagency head, unless the judicial review panel finds probable cause to believethat the latter notifications would substantially jeopardize the success of thesurveillance or the investigation.

(b)        This Article doesnot limit the authority of the Attorney General to apply for electronicsurveillance orders independent of, or contrary to, the requests of lawenforcement agency heads, nor does it limit the discretion of the AttorneyGeneral in determining whether an application is appropriate under any givencircumstances.

(c)        The Chief Justiceof the North Carolina Supreme Court shall receive a report concerning eachdecision of a judicial review panel. (1995, c. 407, s. 1.)