2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5709 - Application for order.

     § 5709.  Application for order.
        Each application for an order of authorization to intercept a
     wire, electronic or oral communication shall be made in writing
     upon the personal oath or affirmation of the Attorney General or
     a district attorney of the county wherein the suspected criminal
     activity has been, is or is about to occur and shall contain all
     of the following:
            (1)  A statement of the authority of the applicant to
        make such application.
            (2)  A statement of the identity and qualifications of
        the investigative or law enforcement officers or agency for
        whom the authority to intercept a wire, electronic or oral
        communication is sought.
            (3)  A sworn statement by the investigative or law
        enforcement officer who has knowledge of relevant information
        justifying the application, which shall include:
                (i)  The identity of the particular person, if known,
            committing the offense and whose communications are to be
            intercepted.
                (ii)  The details as to the particular offense that
            has been, is being, or is about to be committed.
                (iii)  The particular type of communication to be
            intercepted.
                (iv)  A showing that there is probable cause to
            believe that such communication will be communicated on
            the wire communication facility involved or at the
            particular place where the oral communication is to be
            intercepted.
                (v)  The character and location of the particular
            wire communication facility involved or the particular
            place where the oral communication is to be intercepted.
                (vi)  A statement of the period of time for which the
            interception is required to be maintained, and, if the
            character of the investigation is such that the
            authorization for interception should not automatically
            terminate when the described type of communication has
            been first obtained, a particular statement of facts
            establishing probable cause to believe that additional
            communications of the same type will occur thereafter.
                (vii)  A particular statement of facts showing that
            other normal investigative procedures with respect to the
            offense have been tried and have failed, or reasonably
            appear to be unlikely to succeed if tried or are too
            dangerous to employ.
            (4)  Where the application is for the renewal or
        extension of an order, a particular statement of facts
        showing the results thus far obtained from the interception,
        or a reasonable explanation of the failure to obtain such
        results.
            (5)  A complete statement of the facts concerning all
        previous applications, known to the applicant made to any
        court for authorization to intercept a wire, electronic or
        oral communication involving any of the same facilities or
        places specified in the application or involving any person
        whose communication is to be intercepted, and the action
        taken by the court on each such application.
            (6)  A proposed order of authorization for consideration
        by the judge.
            (7)  Such additional testimony or documentary evidence in
        support of the application as the judge may require.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Dec. 9, 2002,
     P.L.1350, No.162, eff. 60 days)

        Cross References.  Section 5709 is referred to in sections
     5702, 5713.1 of this title.