INCHOATE OFFENSES Part 10

NOTICE OF INTERCEPTION REQUIRED.  

The contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication may not be received in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party, not later than the 10th day before the date of the trial, hearing, or other proceeding, has been provided with a copy of the interception order and application under which the interception was authorized.

The judge may waive the 10-day period on a finding that it is not possible to provide the party with the information 10 days before the trial, hearing, or proceeding and the party will not be prejudiced by the delay in receiving the information.  

COMMUNICATIONS RECEIVED IN EVIDENCE.  

The contents of an intercepted communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, this state, or a political subdivision of this state unless:

– the communication was intercepted in violation of federal law

– the disclosure of the contents of the communication or evidence derived from the communication would violate a law.

The contents of an intercepted communication and evidence derived from the communication may be received in a civil trial, hearing, or other proceeding only if the civil trial, hearing, or other proceeding arises out of a violation of a penal law.

SUPPRESSION OF CONTENTS OF INTERCEPTED COMMUNICATIONS. 

An aggrieved person charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States, this state, or a political subdivision of this state may move to suppress the contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication on the ground that:

–  the communication was unlawfully intercepted;

–  the interception order is insufficient on its face;

–  the interception was not made in conformity with the interception order.

A person identified by a party to an intercepted wire, oral, or electronic communication during the course of that communication may move to suppress the contents of the communication on:

– the ground that the harm to the person resulting from the person’s identification in court exceeds the value to the prosecution of the disclosure of the contents.

The motion to suppress must be made before the trial, hearing, or proceeding unless:

–  there was not an opportunity to make the motion

– the aggrieved person was not aware of the grounds of the motion.

The hearing on the motion to suppress shall be held in camera on the written request of the aggrieved person.

If the motion to suppress is granted, the contents of the intercepted wire, oral, or electronic communication and evidence derived from the communication shall be treated as having been obtained in violation of the law.

The judge, on the filing of the motion to suppress by the aggrieved person, shall make available to the aggrieved person or the person’s counsel for inspection any portion of the intercepted communication or evidence derived from the communication that the judge determines to make available in the interest of justice.

A judge of this state, on hearing a pretrial motion regarding conversations intercepted by wire or who otherwise becomes informed that there exists on such an intercepted wire, oral, or electronic communication identification of a specific individual who is not a suspect or a party to the subject of interception shall:

– give notice and an opportunity to be heard on the matter of suppression of references to that individual if identification is sufficient to give notice

–  suppress references to that individual if identification is sufficient to potentially cause embarrassment or harm that outweighs the probative value, if any, of the mention of that individual.

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. 

Share this post

Share on facebook
Share on google
Share on twitter
Share on linkedin
Share on pinterest
Share on print
Share on email