13-3015. Emergency interception

303 words·~1 min read·/az/title-13/13-3015

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Notwithstanding any other provision of this chapter, if the attorney general or a county attorney or such prosecuting attorneys as they may designate in writing reasonably determines that an emergency situation exists involving immediate danger of death or serious physical injury to any person, and that such death or serious physical injury may be averted by interception of wire, electronic or oral communications before an order authorizing such interception can be obtained, the attorney general or a county attorney or his designee may specially authorize a peace officer or law enforcement agency to intercept such wire, electronic or oral communications.

B. The attorney general or county attorney or his designee specially authorizing an emergency interception pursuant to subsection A of this section shall apply for an order authorizing the interception, in accordance with the provisions of section 13-3010. The application shall be made as soon as practicable, and in no event later than forty-eight hours after commencement of the emergency interception. The application shall include an explanation and summary of any interception of communications occurring before the application for authorization.

C. If the prosecuting attorney fails to obtain an authorization within forty-eight hours after commencement of the emergency interception, or if authorization to intercept communications is denied, the interception shall immediately terminate and any communications intercepted without judicial authorization may not be used as evidence in any criminal or civil proceeding against any person. In either event, the prosecuting attorney shall furnish to the court an inventory of any communications intercepted, for service pursuant to the provisions of section 13-3010, subsection I.

The provisions of this subsection do not prohibit the use as evidence of any communications intercepted without judicial authorization against the persons conducting or authorizing the interceptions if such interceptions were not made in good faith reliance on this section.