§ 15A-293. Issuance of order for electronic surveillance; procedures for implementation. - North Carolina Statutes

§ 15A‑293.  Issuance oforder for electronic surveillance; procedures for implementation.

(a)        Upon application bythe Attorney General pursuant to the procedures in G.S. 15A‑291, ajudicial review panel may enter an ex parte order, as requested or as modified,authorizing the interception of wire, oral, or electronic communications, ifthe panel determines on the basis of the facts submitted by the applicant that:

(1)        There is probablecause for belief that an individual is committing, has committed, or is aboutto commit an offense set out in G.S. 15A‑290;

(2)        There is probablecause for belief that particular communications concerning that offense will beobtained through such interception;

(3)        Normal investigativeprocedures have been tried and have failed or reasonably appear to be unlikelyto succeed if tried or to be too dangerous; and

(4)        Except as providedin G.S. 15A‑294(i), there is probable cause for belief that thefacilities from which, or the place where, the wire, oral, or electroniccommunications are to be intercepted are being used, or are about to be used,in connection with the commission of such offense, or are leased to, listed inthe name of, or commonly used by the individual described in subdivision (1) ofthis subsection.

(b)        Each orderauthorizing the interception of any wire, oral, or electronic communicationsmust specify:

(1)        The identity of theperson, if known, whose communications are to be intercepted;

(2)        The nature andlocation of the communications facilities as to which, or the place where,authority to intercept is granted, and the means by which such interceptionsmay be made;

(3)        A particulardescription of the type of communication sought to be intercepted and astatement of the particular offense to which it relates;

(4)        The identity of theagency authorized to intercept the communications and of the person requestingthe application; and

(5)        The period of timeduring which such interception is authorized, including a statement as towhether or not the interception automatically terminates when the describedcommunication has been first obtained.

(c)        No order enteredunder this Article may authorize the interception of any wire, oral, orelectronic communication for any period longer than is necessary to achieve theobjective of the authorization, nor in any event longer than 30 days. Such 30‑dayperiod begins on the earlier of the day on which the investigative or lawenforcement officer first begins to conduct an interception under the order or10 days after the order is entered. Extensions of an order may be granted, butonly upon application for an extension made in accordance with G.S. 15A‑291and the panel making the findings required by subsection (a) of this section.The period of extension shall be no longer than the panel determines to benecessary to achieve the purpose for which it was granted and in no event forlonger than 30 days. Every order and extension thereof must contain a provisionthat the authorization to intercept be executed as soon as practicable, beconducted in such a way as to minimize the interception of communications nototherwise subject to interception under this Article, and terminate uponattainment of the authorized objective, or in any event in 30 days, as isappropriate. In the event the intercepted communication is in a code or foreignlanguage, and an expert in that foreign language or code is not reasonablyavailable during the interception period, minimization may be accomplished assoon as practicable after the interception. An interception under this Articlemay be conducted in whole or in part by State or federal government personnel,or by an individual operating under a contract with the State or federalgovernment, acting under the supervision of an investigative or law enforcementofficer authorized to conduct the interception.

(d)        Whenever an orderauthorizing interception is entered pursuant to this Article, the order mayrequire reports to be made to the issuing judicial review panel showing thatprogress has been made toward achievement of the authorized objective and theneed for continued interception. Such reports must be made at such intervals asthe panel may require.

(1)        The contents of anywire, oral, or electronic communication intercepted by any means authorized bythis Article must be recorded on tape, wire, or electronic or other comparabledevice. The recording of the contents of any wire, electronic, or oralcommunication under this subsection must be done in such way as will protectthe recording from editing or other alterations. Immediately upon theexpiration of the period of the order, or extensions thereof, the recordingsmust be made available to the judicial review panel and sealed under itsdirection. Custody of the recordings is wherever the panel orders. They may notbe destroyed except upon an order of the issuing panel and in any event must bekept for 10 years. Duplicate recordings may be made for use or disclosurepursuant to the provisions of G.S. 15A‑294(a) and (b) for investigations.The contents of any wire, oral, or electronic communication or evidence derivedtherefrom may not be disclosed or used under G.S. 15A‑294(c) unless theyhave been kept sealed.

(2)        Applications madeand orders granted under this Article must be sealed by the panel. Custody ofthe applications and orders may be disclosed only upon a showing of good causebefore the issuing panel and may not be destroyed except on its order and inany event must be kept for 10 years.

(3)        Any violation of theprovisions of this subsection may be punished as for contempt.

(e)        The State Bureau ofInvestigation shall own or control and may operate any equipment used toimplement electronic surveillance orders issued by a judicial review panel andmay operate or use, in implementing any electronic surveillance order,electronic surveillance equipment in which a local government or any of itsagencies has a property interest.

(f)         The AttorneyGeneral shall establish procedures for the use of electronic surveillanceequipment in assisting local law enforcement agencies implementing electronicsurveillance orders. The Attorney General shall supervise such assistance givento local law enforcement agencies and is authorized to conduct statewidetraining sessions for investigative and law enforcement officers regarding thisArticle. (1995,c. 407, s. 1; 1997‑435, s. 2.1; 2005‑207, ss. 2, 3.)