2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5706 - Exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices.

     § 5706.  Exceptions to prohibitions in possession, sale,
                distribution, manufacture or advertisement of
                electronic, mechanical or other devices.
        (a)  Unlawful activities.--It shall not be unlawful under
     this chapter for:
            (1)  a provider of wire or electronic communication
        service or an officer, agent or employee of, or a person
        under contract with, such a provider, in the normal course of
        the business of providing the wire or electronic
        communication service; or
            (2)  a person under contract with the United States, the
        Commonwealth or a political subdivision thereof, a state or a
        political subdivision thereof, or an officer, agent or
        employee of the United States, the Commonwealth or a
        political subdivision thereof, or a state or a political
        subdivision thereof,
     to possess, sell, distribute, manufacture, assemble or advertise
     an electronic, mechanical or other device, while acting in
     furtherance of the appropriate activities of the United States,
     the Commonwealth or a political subdivision thereof, a state or
     a political subdivision thereof or a provider of wire or
     electronic communication service.
        (b)  Responsibility.--
            (1)  Except as provided under paragraph (2), the Attorney
        General and the district attorney or their designees so
        designated in writing shall have the sole responsibility to
        buy, possess and loan any electronic, mechanical or other
        device which is to be used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12) (relating to
        exceptions to prohibition of interception and disclosure of
        communications), 5712 (relating to issuance of order and
        effect), 5713 (relating to emergency situations) or 5713.1
        (relating to emergency hostage and barricade situations).
            (2)  The division or bureau or section of the
        Pennsylvania State Police responsible for conducting the
        training in the technical aspects of wiretapping and
        electronic surveillance as required by section 5724 (relating
        to training) may buy and possess any electronic, mechanical
        or other device which is to be used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12), 5712, 5713 or
        5713.1 for the purpose of training. However, any electronic,
        mechanical or other device bought or possessed under this
        provision may be loaned to or used by investigative or law
        enforcement officers for purposes of interception as
        authorized under section 5704(2), (5) and (12), 5712, 5713 or
        5713.1 only upon written approval by the Attorney General or
        a deputy attorney general designated in writing by the
        Attorney General or the district attorney or an assistant
        district attorney designated in writing by the district
        attorney of the county wherein the suspected criminal
        activity has been, is or is about to occur.
            (3)  With the permission of the Attorney General or a
        district attorney who has designated any supervising law
        enforcement officer for purposes of interceptions as
        authorized under section 5713.1, the law enforcement agency
        which employs the supervising law enforcement officer may
        buy, possess, loan or borrow any electronic, mechanical or
        other device which is to be used by investigative or law
        enforcement officers at the direction of the supervising law
        enforcement officer solely for the purpose of interception as
        authorized under sections 5704(12) and 5713.1.
            (4)  The Pennsylvania State Police shall annually
        establish equipment standards for any electronic, mechanical
        or other device which is to be used by law enforcement
        officers for purposes of interception as authorized under
        section 5704(16). The equipment standards shall be published
        annually in the Pennsylvania Bulletin.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.; June 11, 2002, P.L.367, No.52, eff.
     imd.; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

        2002 Amendments.  Act 52 amended subsec. (b) and Act 162
     amended subsec. (b)(2).
        Cross References.  Section 5706 is referred to in sections
     5704, 5705 of this title.