Section 09.65.215. Immunity of peace officer for use of body wire eavesdropping device.

   (a) A peace officer who intercepts an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, or who monitors the receiving unit, is not liable for damages to a person whose oral communication is intercepted if
        (1) the interception and monitoring occurs
             (A) during the investigation of a crime or the arrest of a person for a crime; and
             (B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
        (2) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and
        (3) the communication intercepted is not recorded.
   (b) In this section,
        (1) "intercept" has the meaning given in AS 42.20.390;
        (2) "oral communication" has the meaning given in AS 42.20.390;
        (3) "peace officer" has the meaning given in AS 11.81.900(b).

Notes

History

(Sec. 2 ch 64 SLA 1999)