INCHOATE OFFENSES Part 5

APPLICATION FOR INTERCEPTION ORDER

JUDGE OF COMPETENT JURISDICTION. 

A judge of competent jurisdiction is a judge from the panel of nine active district judges with criminal jurisdiction who is appointed by the presiding judge of the court of criminal appeals under this article. The presiding judge of the court of criminal appeals shall appoint one district judge from each of the administrative judicial regions of this state to serve at the presiding judge’s pleasure as the judge of competent jurisdiction in that administrative judicial region.

REQUEST FOR FILING OF INTERCEPTION APPLICATION. 

The director may, based on written affidavits, request in writing that a prosecutor apply for an interception order. The head of a local law enforcement agency based on written affidavits, request in writing that a prosecutor apply for an interception order.

JURISDICTION. 

A judge of competent jurisdiction may act on an application for an interception order if any of the following is located in the administrative judicial region with respect to which the judge is appointed:

–  the site;

–  the communication device to be intercepted;

–  the billing, residential, or business address of the subscriber to the electronic communications service to be intercepted;

–  the headquarters of the law enforcement agency that makes the request for or will execute the interception order; or

–  the headquarters of the service provider.  

ALTERNATE JURISDICTION. 

An application for an interception order may be made to the judge of competent jurisdiction in an administrative judicial region adjacent to a region if:

– the judge of competent jurisdiction for the administrative judicial region is absent or unable to serve; or

–  exigent circumstances exist.

APPLICATION FOR INTERCEPTION ORDER.

A prosecutor applying for an interception order must make the application in writing under oath to a judge of competent jurisdiction.

An application must:

–  identify the prosecutor making the application and state the prosecutor’s authority to make the application;

–  identify the officer requesting the application;

–  include a complete statement of the facts and circumstances relied on by the prosecutor to justify the prosecutor’s belief that an order should be issued, including:

(A)  details about the particular offense that has been, is being, or is about to be committed;

(B)  except as otherwise provided by this chapter, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;

(C)  a particular description of the type of communication sought to be intercepted; and

(D)  the identity of the person, if known, committing the offense and whose communications are to be intercepted;

–  include a complete statement as to whether other investigative procedures have been attempted and have failed or why those procedures reasonably appear to be unlikely to succeed or to be too dangerous if attempted;

–  include a statement of the period for which the interception is required to be maintained and, if the nature of the investigation indicates that the interception order should not automatically terminate when the described type of communication is first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the described type of communication is obtained;

–  include a statement whether a covert entry will be necessary to properly and safely install wiretapping, electronic surveillance, or eavesdropping equipment and, if a covert entry is requested, a statement as to why a covert entry is necessary and proper under the facts of the particular investigation, including a complete statement as to whether other investigative techniques have been attempted and have failed or why those techniques reasonably appear to be unlikely to succeed or to be too dangerous if attempted or are not feasible under the circumstances or exigencies of time;

–  include a complete statement of the facts concerning all applications known to the prosecutor that have been previously made to a judge for an interception order involving any persons, facilities, or places specified in the application and of the action taken by the judge on each application;

–  if the application is for the extension of an order, include a statement providing the results already obtained from the interception or a reasonable explanation of the failure to obtain results.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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