Section 12.37.030. Requirements for an order authorizing a communications interception.

   (a) Upon consideration of an application, the court may enter an ex parte order authorizing the interception of a private communication if the court determines, on the basis of the application, that
        (1) there is probable cause to believe that the person whose communication is to be intercepted is committing, has committed, or is planning to commit an offense listed in AS 12.37.010;
        (2) there is probable cause to believe that a communication concerning the offense may be obtained through the interception;
        (3) there is probable cause to believe that the facility from which, or the place where, the communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person whose communication is to be intercepted;
        (4) normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be either unlikely to succeed if tried or too dangerous to employ; and
        (5) if the application, other than an application for an extension, is for an order to intercept a communication of a person, or involving a communications facility, that was the subject of a previous application, the current application is based upon new evidence or information different from and in addition to the evidence or information offered to support the previous application.
   (b) In addition to exercising authority under (a) of this section, on consideration of an application relating to a private communication of a minor, the court may enter an ex parte order authorizing the interception of the private communication. The court may enter the order only if the court determines, after making appropriate findings of fact and on the basis of the application, that there is probable cause to believe that
        (1) a party to the private communication
             (A) has committed, is committing, or is about to commit a felony or misdemeanor;
             (B) has been, is, or is about to be a victim of a felony or misdemeanor; or
             (C) has been, is, or is about to be a witness to a felony or misdemeanor;
        (2) the health or safety of a minor is in danger; or
        (3) a parent of a minor has consented in good faith to the interception of a communication of the minor based on the parent's objectively reasonable belief that it is necessary for the welfare of the minor and is in the best interest of the minor.
   (c) In (b) of this section, "minor" and "parent" have the meanings given in AS 42.20.390.

Authorities

12.37.040;12.37.070;12.37.090;12.37.130

Notes

References

AS 12.37.040 Contents of order authorizing a communications interception; limitations on disclosure.
AS 12.37.070 Records and recordings and custody of them.
AS 12.37.090 Notice of interception and disclosure.
AS 12.37.130 Required reports.

History

(Sec. 1 ch 61 SLA 1993; am Sec. 1 ch 104 SLA 2006)