§ 15A-294. Authorization for disclosure and use of intercepted wire, oral, or electronic communications. - North Carolina Statutes

§ 15A‑294. Authorization for disclosure and use of intercepted wire, oral, or electroniccommunications.

(a)        Any investigativeor law enforcement officer who, by any means authorized by this Article orChapter 119 of the United States Code, has obtained knowledge of the contentsof any wire, oral, or electronic communication, or evidence derived therefrom,may disclose such contents to another investigative or law enforcement officerto the extent that such disclosure is appropriate to the proper performance ofthe official duties of the officer making or receiving the disclosure.

(b)        Any investigativeor law enforcement officer, who by any means authorized by this Article orChapter 119 of the United States Code, has obtained knowledge of the contentsof any wire, oral, or electronic communication, or evidence derived therefrom,may use such contents to the extent such use is appropriate to the properperformance of the officers' official duties.

(c)        Any person who hasreceived, by any means authorized by this Article or Chapter 119 of the UnitedStates Code, any information concerning a wire, oral, or electroniccommunication, or evidence derived therefrom, intercepted in accordance withthe provisions of this Article, may disclose the contents of that communicationor such derivative evidence while giving testimony under oath or affirmation inany proceeding in any court or before any grand jury in this State, or in anycourt of the United States or of any state, or in any federal or state grandjury proceeding.

(d)        Within a reasonabletime, but no later than 90 days after the filing of an application for an orderor the termination of the period of an order or the extensions thereof, theissuing judicial review panel must cause to be served on the persons named inthe order or the application and such other parties as the panel in itsdiscretion may determine, an inventory that includes notice of:

(1)        The fact of theentry of the order or the application;

(2)        The date of theentry and the period of the authorized interception; and

(3)        The fact that duringthe period wire, oral, or electronic communications were or were notintercepted.

(d1)      The notificationrequired pursuant to G.S. 15A‑294(d) may be delayed if the judicialreview panel has probable cause to believe that notification wouldsubstantially jeopardize the success of an electronic surveillance or acriminal investigation. Delay of notification shall be only by order of thejudicial review panel. The period of delay shall be designated by the judicialreview panel and may be extended from time to time until the jeopardy to theelectronic surveillance or the criminal investigation dissipates.

(e)        The issuingjudicial review panel, upon the filing of a motion, may in its discretion, makeavailable to such person or his counsel for inspection, such portions of theintercepted communications, applications, and orders as the panel determines tobe required by law or in the interest of justice.

(f)         The contents ofany intercepted wire, oral, or electronic communication, or evidence derivedtherefrom, may not be received in evidence or otherwise disclosed in any trial,hearing, or other proceeding in any court of this State unless each party, notless than 20 working days before the trial, hearing, or other proceeding, hasbeen furnished with a copy of the order and accompanying application, underwhich the interception was authorized.

(g)        Any aggrievedperson in any trial, hearing, or proceeding in or before any court, department,officer, agency, regulatory body, or other authority of this State, or apolitical subdivision thereof, may move to suppress the contents of anyintercepted wire, oral, or electronic communication, or evidence derivedtherefrom, on the grounds that:

(1)        The communicationwas unlawfully intercepted;

(2)        The order ofauthorization under which it was intercepted is insufficient on its face; or

(3)        The interception wasnot made in conformity with the order of authorization.

Such motion must be madebefore the trial, hearing, or proceeding unless there was no opportunity tomake such motion or the person was not aware of the grounds of this motion. Ifthe motion is granted, the contents of the intercepted wire, oral, orelectronic communication, or evidence derived therefrom, must be treated ashaving been obtained in violation of this Article.

(h)        In addition to anyother right to appeal, the State may appeal:

(1)        From an ordergranting a motion to suppress made under subdivision (1) of this subsection, ifthe district attorney certifies to the judge granting the motion that theappeal is not taken for purposes of delay. The appeal must be taken within 30days after the date the order of suppression was entered and must be prosecutedas are other interlocutory appeals; or

(2)        From an order denyingan application for an order of authorization, and the appeal may be made exparte and must be considered in camera and in preference to all other pendingappeals.

(i)         The requirementsof G.S. 15A‑293(b)(2) and G.S. 15A‑293(a)(4) relating to the specificationof the facilities from which, or the place where, the communication is to beintercepted do not apply if:

(1)        In the case of anapplication with respect to the interception of an oral communication:

a.         The application isby a State investigative or law enforcement officer and is approved by theAttorney General or his designee;

b.         The applicationcontains a full and complete statement as to why the specification is notpractical and identifies the person committing the offense and whose communicationsare to be intercepted; and

c.         The judicial reviewpanel finds that the specification is not practical.

(2)        In the case of anapplication with respect to a wire or electronic communication:

a.         The application isby a State investigative or law enforcement officer and is approved by theAttorney General or his designee;

b.         The applicationidentifies the person believed to be committing the offense and whosecommunications are to be intercepted, and the applicant makes a showing thatthere is probable cause to believe that the person's actions could have theeffect of thwarting interception from a specified facility;

c.         The judicial reviewpanel finds that the showing has been adequately made; and

d.         The orderauthorizing or approving the interception is limited to interception only forsuch time as it is reasonable to presume that the person identified in theapplication is or was reasonably proximate to the instrument through which thecommunication will be or was transmitted.

(j)         An interception ofa communication under an order with respect to which the requirements of G.S.15A‑293(b)(2) and G.S. 15A‑293(a)(4) do not apply by reason ofsubdivision (i)(1) of this section shall not begin until the place where thecommunication is to be intercepted is ascertained by the person implementingthe interception order. A provider of wire or electronic communications servicethat has received an order as provided for in subdivision (i)(2) of thissection may move the court to modify or quash the order on the grounds that itsassistance with respect to the interception cannot be performed in a timely orreasonable fashion. The court, upon notice to the government, shall decide sucha motion expeditiously. (1995, c. 407, s. 1; 1997‑435, s. 3; 2005‑207, s. 4.)