2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5713.1 - Emergency hostage and barricade situations.

     § 5713.1.  Emergency hostage and barricade situations.
        (a)  Designation.--The Attorney General or a district
     attorney may designate supervising law enforcement officers for
     the purpose of authorizing the interception of wire or oral
     communications as provided in this section.
        (b)  Procedure.--A supervising law enforcement officer who
     reasonably determines that an emergency situation exists that
     requires a wire or oral communication to be intercepted before
     an order authorizing such interception can, with due diligence,
     be obtained, and who determines that there are grounds upon
     which an order could be entered under this chapter to authorize
     such interception, may intercept such wire or oral
     communication. An application for an order approving the
     interception must be made by the supervising law enforcement
     officer in accordance with section 5709 (relating to application
     for order) within 48 hours after the interception has occurred
     or begins to occur. Interceptions pursuant to this section shall
     be conducted in accordance with the procedures of this
     subchapter. Upon request of the supervising law enforcement
     officer who determines to authorize interceptions of wire
     communications under this section, a provider of electronic
     communication service shall provide assistance and be
     compensated therefor as provided in section 5712(f) (relating to
     issuance of order and effect). In the absence of an order, such
     interception shall immediately terminate when the situation
     giving rise to the hostage or barricade situation ends or when
     the application for the order is denied, whichever is earlier.
     In the event such application for approval is denied or in any
     other case where the interception is terminated without an order
     having been issued, the contents of any wire or oral
     communication intercepted shall be treated as having been
     obtained in violation of this subchapter, and an inventory shall
     be served as provided in section 5716 (relating to service of
     inventory and inspection of intercepted communications).
     Thereafter, the supervising law enforcement officer shall follow
     the procedures set forth in section 5713(b) (relating to
     emergency situations).
        (c)  Defense.--A good faith reliance on the provisions of
     this section shall be a complete defense to any civil or
     criminal action brought under this subchapter or any other
     statute against any law enforcement officer or agency conducting
     any interceptions pursuant to this section as well as a provider
     of electronic communication service who is required to provide
     assistance in conducting such interceptions upon request of a
     supervising law enforcement officer.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Emergency situation."  Any situation where:
            (1)  a person is holding a hostage and is threatening
        serious physical injury will resist with the use of weapons;
        or
            (2)  a person has barricaded himself and taken a position
        of confinement to avoid apprehension and:
                (i)  has threatened to resist with the use of
            weapons; or
                (ii)  is threatening suicide or harm to others.
        "Supervising law enforcement officer."
            (1)  For designations by a district attorney, any law
        enforcement officer trained pursuant to section 5724
        (relating to training) to carry out interceptions under this
        section who has attained the rank of lieutenant or higher in
        a law enforcement agency within the county or who is in
        charge of a county law enforcement agency.
            (2)  For designations by the Attorney General, any member
        of the Pennsylvania State Police trained pursuant to section
        5724 to carry out interceptions under this section and
        designated by the Commissioner of the Pennsylvania State
        Police who:
                (i)  has attained the rank of lieutenant or higher;
            or
                (ii)  is in charge of a Pennsylvania State Police
            barracks.
     (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. (b) and (c).
        1988 Amendment.  Act 115 added section 5713.1.
        Cross References.  Section 5713.1 is referred to in sections
     5706, 5716, 5721.1 of this title.