P.R. Laws tit. 25, § 971q
The Secretary of Justice of Puerto Rico is hereby empowered to petition before a judge of the Court of First Instance of Puerto Rico the authorization to record any nontelephonic conversation, when he has grounds to believe that a person is engaged, or involved in a pattern or organized crime activity, as this term is defined by this chapter, and the judge may issue said order of authorization, subject to:
(a) The recording shall only be done by an investigator or private person acting as an informer or undercover agent, provided that he is duly authorized for this by the investigator, when such investigator or private person is party to the conversation, or when any person participating in the conversation has given his consent prior to such recording.
(b) Under no circumstances shall any order authorizing a recording be requested or issued, when the conversations to be recorded are related to political activities or of any other nature than organized crime, as this term is defined in this chapter.
(c) The recording may only be done when there is a prior written order of a judge of the Court of First Instance authorizing it, except when the following circumstances occur:
(1) The Secretary of Justice reasonably determines that an extraordinary situation exists with regard to activities related to organized crime which require the recording of a conversation before a judicial order authorizing the recording may be obtained with due diligence.
It shall be understood that an extraordinary situation exists when one or more of the following circumstances occur:
(A) There is no other means to obtain that particular conversation.
(B) The safety of the investigator, informer, or undercover agent is seriously threatened.
(C) The actions taken to locate a Court of First Instance judge authorized to issue said order have been unsuccessful.
(D) The Secretary of Justice has knowledge that a conversation is going to take place in which there is an interest to record it, and there is not enough time to petition its authorization.
(2) The Secretary of Justice determines that there are grounds which justify issuing a judicial order pursuant to the provisions of this section, and that evidence of such conversation may only be obtained through the investigator’s or the informer’s oral testimony.
In such a case, the Secretary of Justice may authorize that the recording be carried out, provided that he submits a petition for authorization to record the conversation before a Court of First Instance judge within twenty-four (24) hours following his authorization of the recording.
In the absence of a Court of First Instance order authorizing the recording of a conversation, the recording shall be suspended or terminated immediately after obtaining the conversation desired, or at the moment that the court denies the authorization to record, whichever comes first. In the event that the judicial order approving or authorizing the recording is denied, or in any other case in which the recording of the conversation has been concluded without obtaining the judicial order, the contents of the conversation so recorded shall be inadmissible as evidence in any judicial process or that of any other nature whatsoever, and must be destroyed once the decision is final and binding.
As an exception to the other provisions of this chapter, the power granted to the Secretary of Justice to authorize a recording without a prior judicial order cannot be delegated.
(3) Every determination of the Court of First Instance denying authorization to record a conversation shall be deemed as an interlocutory resolution and may be reviewed by the Secretary of Justice by means of a writ of certiorari within thirty (30) days after a copy of the notice of the resolution has been filed in the record.
(d) Every petition by the Secretary of Justice for a judicial order authorizing the recording of a conversation shall be in writing, signed by the Secretary, and shall include the following:
(1) A statement of the facts upon which his determination is grounded that the person is engaged in, or participates in any organized crime activity as defined by this chapter, to establish the pattern of organized crime activity and that a conversation related to organized crime will be obtained from the recording which is needed.
(2) The type of recording device or mechanism to be used.
(3) The estimated term of the investigation during which conversations are to be recorded.
(4) The name of the person or persons whose conversations shall be recorded and their relationship to the matter subject to investigation.
(e) Once the petition is filed, the judge may issue an ex parte order authorizing or approving the recording of conversations if, according to the facts explained in the petition, he determines that there are grounds to believe that the person is engaged in participating in organized crime activities, and that a conversation related to organized crime shall be obtained through the recording.
(f) No order issued under the provisions of this section may approve or authorize that the recording be carried out for a term greater than needed to achieve the purposes of the judicial authorization. In no case may the judicial authorization exceed three (3) months. Notwithstanding the above provisions, the court may grant an extension of the order for judicial authorization to record a conversation, provided a petition to such effects is filed pursuant to the procedure provided by subsection (d) of this section, and the court determines that the requirements established by subsection (e) of this section have been met. The judge may grant the extension he deems necessary, but in no case for a term greater than three (3) months.
(g) The Secretary of Justice shall have the obligation to immediately notify the judge who issued the judicial authorization order, of any changes in the circumstances which prompted the petition.
(h) Every investigator authorized to make a recording must keep a detailed record of each recorded conversation, including the date, time and place of the conversation, the name of the participants when they can be identified, the name of the participant who consented to the recording, and a brief summary of what was said. He must also submit a weekly report to the Secretary of Justice informing of the incidents and results obtained from the recording during the previous week. This obligation shall persist until the term for which the order has been issued expires, or until the investigation concludes or is discontinued, whichever comes first.
(i) Every recording of a conversation carried out pursuant to the provisions of this section shall be done in such a manner as to prevent it from being edited or altered.
Immediately after a conversation has been recorded, its original shall be surrendered to the judge who issued the order authorizing it, to be sealed according to the instructions issued by him to such effects. Likewise, the judge shall provide for everything regarding the preservation and custody of the recording by the court. Recordings made pursuant to the provisions of this section must be preserved for a term of ten (10) years, except when the judge who has issued or denied the order provides for their destruction. Duplicates of the recording may be made with respect to the investigation or preparation for a trial. The condition that the recording be sealed as provided by this subsection, or a satisfactory explanation to the court as to the reason or reasons why such recording is not sealed, shall be a requirement to allow its introduction as evidence in any judicial process or that of any other nature. Within six (6) months after the approval of this act, the Supreme Court of Puerto Rico shall adopt the rules that are needed with respect to the process of judicial sealing, preservation and custody of such recordings, in order to implement the provisions of this subsection.
(j) The Secretary of Justice within a term that shall not exceed six (6) months from the date of approval of this act shall promulgate regulations for the authorization and control of recordings of nontelephonic conversations. No recordings of any conversation whatsoever under the provisions of this chapter may be made until these regulations are approved and meet the provisions of the Rules and Regulations Act No. 112 of June 30, 1957, as amended. The regulations to be promulgated shall have the objective of implementing the purpose of this section, always safeguarding the privacy of those persons whose conversations cannot be recorded pursuant to what has been provided above.
(k) Recordings of nontelephonic conversations obtained under the provisions of this section shall be admissible as evidence, subject to strict compliance with its provisions and the regulations promulgated by the Secretary of Justice.
(l) In view of the confidential nature which must pervade the process for the petition and/or revision of the authorization to record nontelephonic conversations, only the prosecutor or representative of the Secretary of Justice, the judge and those officials that the court deems are indispensable to discharge its judicial function shall be present during the ex parte proceedings.
History —July 13, 1978, No. 33, p. 468, added as § 18 on June 19, 1987, No. 36, p. 120, § 6, eff. 180 days after June 19, 1987.