§ 21-28-5.07.2 - Issuance of orders. - Rhode Island Statutes

SECTION 21-28-5.07.2

   § 21-28-5.07.2  Issuance of orders. –Upon an application as provided in § 21-28-5.07.1 the presiding justice ofthe superior court, or the senior associate justice of the superior court whenthe presiding justice shall disqualify himself or herself from entering theorder, may enter an ex parte order, authorizing the use of controlledsubstances seized as contraband if the justice determines on the basis of theevidence submitted that:

   (1) There is probable cause to believe that a particular,identified individual is committing, has committed or is about to commit aparticular designated offense;

   (2) It has been demonstrated that the use of the controlledsubstances will assist law enforcement officials in the investigation of felonyviolations of this chapter or felony violations of other criminal laws of thisstate and that normal investigative procedures have been tried and have failedor reasonably appear to be unlikely to succeed if tried or to be too dangerous.