2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5710 - Grounds for entry of order.

     § 5710.  Grounds for entry of order.
        (a)  Application.--Upon consideration of an application, the
     judge may enter an ex parte order, as requested or as modified,
     authorizing the interception of wire, electronic or oral
     communications anywhere within the Commonwealth, if the judge
     determines on the basis of the facts submitted by the applicant
     that there is probable cause for belief that all the following
     conditions exist:
            (1)  the person whose communications are to be
        intercepted is committing, has or had committed or is about
        to commit an offense as provided in section 5708 (relating to
        order authorizing interception of wire, electronic or oral
        communications);
            (2)  particular communications concerning such offense
        may be obtained through such interception;
            (3)  normal investigative procedures with respect to such
        offense have been tried and have failed or reasonably appear
        to be unlikely to succeed if tried or to be too dangerous to
        employ;
            (4)  the facility from which, or the place where, the
        wire, electronic or oral communications are to be
        intercepted, is, has been, or is about to be used, in
        connection with the commission of such offense, or is leased
        to, listed in the name of, or commonly used by, such person;
            (5)  the investigative or law enforcement officers or
        agency to be authorized to intercept the wire, electronic or
        oral communications are qualified by training and experience
        to execute the interception sought, and are certified under
        section 5724 (relating to training); and
            (6)  in the case of an application, other than a renewal
        or extension, for an order to intercept a communication of a
        person or on a facility which was the subject of a previous
        order authorizing interception, the application is based upon
        new evidence or information different from and in addition to
        the evidence or information offered to support the prior
        order, regardless of whether such evidence was derived from
        prior interceptions or from other sources.
        (b)  Corroborative evidence.--As part of the consideration of
     an application in which there is no corroborative evidence
     offered, the judge may inquire in camera as to the identity of
     any informants or any other additional information concerning
     the basis upon which the investigative or law enforcement
     officer or agency has applied for the order of authorization
     which the judge finds relevant in order to determine if there is
     probable cause pursuant to this section.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)

        Cross References.  Section 5710 is referred to in sections
     5712, 5721.1 of this title.