Section 20-2B-5 - Intercept order; requirements(a) Upon receiving an application from the Attorney General for an intercept order, a judge of competent jurisdiction may enter an ex parte intercept order as requested or as modified, authorizing an intercept within the territorial jurisdiction of the court if the judge determines all of the following: (1) There is probable cause to believe that an individual is committing, has committed, or is about to commit a felony drug offense included in Article 5, commencing with Section 13A-12-201, of Chapter 12, of Title 13A.(2) There is probable cause to believe that specific communications concerning that offense will be obtained through the intercept.(3) Normal investigative procedures have been attempted and have failed, reasonably appear to be unlikely to succeed if attempted, or are too dangerous to be attempted.(4) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are being leased to, listed in the name of, or commonly used by the individual described in the application.(b) Each intercept order authorizing or approving the interception of a wire or electronic communication shall specify all of the following: (1) The identity of the individual, if known, whose communications are to be intercepted.(2) The nature and location of the communications facilities which, or the place where, authority to intercept is granted, and the means by which the intercept may be made.(3) A description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates.(4) The identity of the agency authorized to intercept the communications and the individual requesting the application.(5) The period of time the intercept is authorized, including a statement of whether the intercept automatically terminates when the described communication is first obtained.(c) The intercept order authorizing the intercept, upon request of the applicant, shall direct that a communication common carrier, communications service provider, custodian, or other individual furnish the applicant all information, facilities, and technical assistance necessary to accomplish the intercept unobtrusively and with a minimum of interference with the services that the carrier, custodian, or other individual is providing the individual whose communications are to be intercepted. Any communication common carrier, communications service provider, custodian, or other individual furnishing facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing facilities or assistance at the prevailing rates.(d)(1) An intercept order entered pursuant to this chapter may not authorize the interception of a wire or electronic communication for any period longer than is necessary to achieve the objective of the authorization, and in no event for more than 30 days. The 30-day period begins either when the investigative officer first begins to conduct an intercept under the intercept order, or 10 days after the order is entered, whichever is sooner.(2) The issuing judge may grant extensions of an intercept order, but only upon an application for an extension made in accordance with this chapter. The period of extension may not be for any period longer than the authorizing judge deems necessary to achieve the objective for which it is granted, and in no event may the extension be for more than 30 days. To be valid, each order and extension of an order shall provide that the authorization to intercept be executed as soon as practicable, be conducted in a way that minimizes the interception of communications not otherwise subject to interception under this chapter, and terminate upon obtaining the authorized objective or within 30 days, whichever occurs sooner.(e) Whenever an order authorizing an intercept is entered pursuant to this chapter, the order may require reports to the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Reports shall be made at any interval required by the judge.(f) A judge who issues an order authorizing the interception of a wire or electronic communication may not hear a criminal prosecution in which evidence derived from the interception may be used or in which the order may be an issue.(g) For jurisdictional purposes, the territorial jurisdiction pursuant to subsection (a) includes both the location of the device and the original listening post. A judge in either jurisdiction, or a circuit court judge designated by the Chief Justice of the Supreme Court or by the Alabama Supreme Court to hear intercept applications, may issue an intercept order.Ala. Code § 20-2B-5 (1975)
Added by Act 2022-236,§ 2, eff. 2/1/2023.