§803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.

494 words·~2 min read·/hi/chapter-803/803-45

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(a)Any investigative or law enforcement officer, who, by any means authorized by this part, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(b)Any investigative or law enforcement officer, who by any means authorized by this part, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use the contents to the extent the use is appropriate to the proper performance of the officer's official duties.

(c)Any person who has received, by any means authorized by this part, any information from a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this part may disclose the contents of that communication or any derivative evidence while giving testimony under oath or affirmation in any proceeding in any court or before the grand jury in this State.

(d)No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this part shall lose its privileged character.

(e)When an investigative or law enforcement officer, while engaged in authorized interception, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections

(a)and

(b)of this section. The contents and any evidence derived therefrom may be used under subsection

(c)of this section when authorized or approved by the designated judge where the judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this part.

(f)Evidence obtained pursuant to an order issued under this part for the interception of a wire, oral, or electronic communication pursuant to an order issued under this part shall not be admissible as evidence in the State's case in chief in a criminal case where the highest grade of offense charged is a misdemeanor.

(g)No part of the contents of any wire, oral, or electronic communication and no evidence derived therefrom may be received into evidence at any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State or a county, or be included in any information used to charge a criminal offense under chapter 806, if the disclosure would be in violation of this part. [L 1978, c 218, pt of §2; gen ch 1985; am L 1986, c 303, §5; am L 1989, c 164, §7; am L 2006, c 200, pt of §4]