2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5712 - Issuance of order and effect.

     § 5712.  Issuance of order and effect.
        (a)  Authorizing orders.--Each order authorizing the
     interception of any wire, electronic or oral communication shall
     state the following:
            (1)  The identity of the investigative or law enforcement
        officers or agency to whom the authority to intercept wire,
        electronic or oral communications is given and the name and
        official identity of the person who made the application.
            (2)  The identity of, or a particular description of, the
        person, if known, whose communications are to be intercepted.
            (3)  The character and location of the particular
        communication facilities as to which, or the particular place
        of the communication as to which, authority to intercept is
        granted.
            (4)  A particular description of the type of the
        communication to be intercepted and a statement of the
        particular offense to which it relates.
            (5)  The period of time during which such interception is
        authorized, including a statement as to whether or not the
        interception shall automatically terminate when the described
        communication has been first obtained.
        (b)  Time limits.--No order entered under this section shall
     authorize the interception of any wire, electronic or oral
     communication for a period of time in excess of that necessary
     under the circumstances. Every order entered under this section
     shall require that such interception begin and terminate as soon
     as practicable and be conducted in such a manner as to minimize
     or eliminate the interception of such communications not
     otherwise subject to interception under this chapter by making
     reasonable efforts, whenever possible, to reduce the hours of
     interception authorized by said order. In the event the
     intercepted communication is in a code or foreign language and
     an expert in that code or foreign language is not reasonably
     available during the interception period, minimization may be
     accomplished as soon as practicable after such interception. No
     order entered under this section shall authorize the
     interception of wire, electronic or oral communications for any
     period exceeding 30 days. The 30-day period begins on the day on
     which the investigative or law enforcement officers or agency
     first begins to conduct an interception under the order, or ten
     days after the order is entered, whichever is earlier.
     Extensions or renewals of such an order may be granted for
     additional periods of not more than 30 days each. No extension
     or renewal shall be granted unless an application for it is made
     in accordance with this section, and the judge makes the
     findings required by section 5710 (relating to grounds for entry
     of order).
        (c)  Responsibility.--The order shall require the Attorney
     General or the district attorney, or their designees, to be
     responsible for the supervision of the interception.
        (d)  Progress reports.--Whenever an order authorizing an
     interception is entered, the order may require reports to be
     made to the judge who issued the order showing what progress has
     been made toward achievement of the authorized objective and the
     need for continued interception. The reports shall be made at
     such intervals as the judge may require.
        (e)  Final report.--Whenever an interception is authorized
     pursuant to this section, a complete written list of names of
     participants and evidence of offenses discovered, including
     those not stated in the application for order, shall be filed
     with the court as soon as practicable after the authorized
     interception is terminated.
        (f)  Assistance.--An order authorizing the interception of a
     wire, electronic or oral communication shall, upon request of
     the applicant, direct that a provider of electronic
     communication service shall furnish the applicant forthwith all
     information, facilities and technical assistance necessary to
     accomplish the interception unobtrusively and with a minimum of
     interference with the services that such service provider is
     affording the person whose communications are to be intercepted.
     The obligation of a provider of electronic communication service
     under such an order may include, but is not limited to,
     installation of a pen register or trap and trace device and
     disclosure of a record or other information otherwise available
     under section 5743 (relating to requirements for governmental
     access), including conducting an in-progress trace during an
     interception, provided that such obligation of a provider of
     electronic communications service is technologically feasible.
     Any provider of electronic communication service furnishing such
     facilities or technical assistance shall be compensated therefor
     by the applicant for reasonable expenses incurred in providing
     the facilities or assistance. The service provider shall be
     immune from civil and criminal liability for any assistance
     rendered to the applicant pursuant to this section.
        (g)  Entry by law enforcement officers.--An order authorizing
     the interception of a wire, electronic or oral communication
     shall, if requested, authorize the entry of premises or
     facilities specified in subsection (a)(3), or premises necessary
     to obtain access to the premises or facilities specified in
     subsection (a)(3), by the law enforcement officers specified in
     subsection (a)(1), as often as necessary solely for the purposes
     of installing, maintaining or removing an electronic, mechanical
     or other device or devices provided that such entry is
     reasonably necessary to accomplish the purposes of this
     subchapter and provided that the judge who issues the order
     shall be notified of the time and method of each such entry
     prior to entry if practical and, in any case, within 48 hours of
     entry.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsecs. (e), (f) and (g).
        Cross References.  Section 5712 is referred to in sections
     5706, 5713.1, 5721.1 of this title.