2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5713 - Emergency situations.

     § 5713.  Emergency situations.
        (a)  Application.--Whenever, upon informal application by the
     Attorney General or a designated deputy attorney general
     authorized in writing by the Attorney General or a district
     attorney or an assistant district attorney authorized in writing
     by the district attorney of a county wherein the suspected
     criminal activity has been, is or is about to occur, a judge
     determines there are grounds upon which an order could be issued
     pursuant to this chapter, and that an emergency situation exists
     with respect to the investigation of an offense designated in
     section 5708 (relating to order authorizing interception of
     wire, electronic or oral communications), and involving
     conspiratorial activities characteristic of organized crime or a
     substantial danger to life or limb, dictating authorization for
     immediate interception of wire, electronic or oral
     communications before an application for an order could with due
     diligence be submitted to him and acted upon, the judge may
     grant oral approval for such interception without an order,
     conditioned upon the filing with him, within 48 hours
     thereafter, of an application for an order which, if granted,
     shall recite the oral approval and be retroactive to the time of
     such oral approval. Such interception shall immediately
     terminate when the communication sought is obtained or when the
     application for an order is denied, whichever is earlier. In the
     event no application for an order is made, the content of any
     wire, electronic or oral communication intercepted shall be
     treated as having been obtained in violation of this subchapter.
        (b)  Further proceedings.--In the event no application is
     made or an application made pursuant to this section is denied,
     the court shall cause an inventory to be served as provided in
     section 5716 (relating to service of inventory and inspection of
     intercepted communications) and shall require the tape or other
     recording of the intercepted communication to be delivered to,
     and sealed by, the court. Such evidence shall be retained by the
     court in accordance with section 5714 (relating to recording of
     intercepted communications) and the same shall not be used or
     disclosed in any legal proceeding except in a civil action
     brought by an aggrieved person pursuant to section 5725
     (relating to civil action for unlawful interception, disclosure
     or use of wire, electronic or oral communication) or as
     otherwise authorized by court order. In addition to other
     remedies and penalties provided by this chapter, failure to
     effect delivery of any such tape or other recording shall be
     punishable as contempt by the court directing such delivery.
     Evidence of oral authorization to intercept wire, electronic or
     oral communications shall be a defense to any charge against the
     investigating or law enforcement officer for engaging in
     unlawful interception.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.; Dec. 9, 2002, P.L.1350, No.162, eff.
     60 days)

        2002 Amendment.  Act 162 amended subsec. (a).
        Cross References.  Section 5713 is referred to in sections
     5706, 5713.1, 5716, 5721.1, 5747 of this title.