RS 15:1308

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RS 15:1308

§1308. Authorization for interception of wire, electronic, or oral communications

A. The attorney general, or the deputy or any assistant attorney general acting pursuant to the authorization of the attorney general, with the approval of the district attorney or any assistant district attorney acting pursuant to the written authorization of the district attorney in whose district the interception of wire, electronic, or oral communications shall take place, and the district attorney or authorized assistant district attorney, with the approval of the attorney general or authorized deputy or assistant attorney general may authorize an application to a judge in whose district the interception of wire, electronic, or oral communications shall take place, and such judge may grant in conformity with R.S. 15:1310 an order authorizing or approving the interception of wire, electronic, or oral communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of:

(1)Any violation of the Uniform Controlled Dangerous Substance Act by:

(a)Producing, manufacturing, distributing, or dispensing a controlled dangerous substance; or

(b)Possessing with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance; or

(c)Creating, distributing, or possessing a counterfeit controlled dangerous substance; or

(d)Conspiring to commit any of the above enumerated offenses.

(2)The commission, attempted commission, or conspiracy to commit a crime involving any of the following offenses:

(a)First or second degree murder.

(b)Aggravated kidnapping.

(c)Aggravated arson.

(d)Manufacture and possession of delayed action incendiary device or manufacture and possession of a bomb.

(e)Armed robbery.

(f)Jury tampering.

(g)Solicitation for murder.

(h)Arson with intent to defraud.

(i)Extortion.

(j)Felony violations of the Uniform Controlled Dangerous Substances Law.

(k)Intimidating, impeding, injuring witnesses or injuring officers.

(l)Any felony offense where the offense was or is to be committed against a law enforcement officer as a result of his official capacity or actions.

(m)Money laundering as defined in R.S. 14:230.

(n)Transactions involving proceeds from drug offenses as defined in R.S. 40:1049.

(o)Terrorism.

(p)Aiding others in terrorism.

(q)Human trafficking when prosecuted under R.S. 14:46.2(B)(3).

(r)Trafficking of children for sexual purposes as defined by R.S. 14:46.3.

(s)Commercial sexual exploitation of children including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.

B. Failure of the district attorney to obtain approval for the interception of wire, electronic, or oral communications as set forth in this Section shall constitute cause for the attorney general to institute, prosecute, or intervene in a criminal action or proceeding as authorized by law.

Acts 1985, No. 859, §1, eff. July 23, 1985; Acts 1991, No. 121, §1; Acts 1995, No. 1130, §1, eff. June 29, 1995; Acts 2002, 1st Ex. Sess., No. 128, §3; Acts 2012, No. 446, §2; Acts 2012, No. 727, §2; Acts 2014, No. 564, §2.