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MARVIN MANDEL, Governor 2811
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MADE IN WRITING UPON OATH OR AFFIRMATION TO A JUDGE OF
COMPETENT JURISDICTION AND SHALL STATE THE APPLICANT'S
AUTHORITY TO MAKE THE APPLICATION. EACH APPLICATION
SHALL INCLUDE THE FOLLOWING INFORMATION:
(1) THE IDENTITY OF THE INVESTIGATIVE OR
LAW-ENFORCEMENT OFFICER MAKING THE APPLICATION, AND THE
OFFICER AUTHORIZING THE APPLICATION;
(2) A FULL AND COMPLETE STATEMENT OF THE
FACTS AND CIRCUMSTANCES BELIED UPON BY THE APPLICANT, TO
JUSTIFY HIS BELIEF THAT AN ORDER SHOULD BE ISSUED,
INCLUDING (I) DETAILS AS TO THE PARTICULAR OFFENSE THAT
HAS BEEN, IS BEING, OR IS ABOUT TO BE COMMITTED, (II) A
PARTICULAR DESCRIPTION OF THE NATURE AND LOCATION OF THE
FACILITIES FROM WHICH OR THE PLACE WHERE THE
COMMUNICATION IS TO BE INTERCEPTED, (III) A PARTICULAR
DESCRIPTION OF THE TYPE OF COMMUNICATIONS SOUGHT TO BE
INTERCEPTED, (IV) THE IDENTITY OF THE PERSON, IF KNOWN,
COMMITTING THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE
INTERCEPTED;
(3) A FULL AND COMPLETE STATEMENT AS TO
WHETHER OR NOT OTHER INVESTIGATIVE PROCEDURES HAVE BEEN
TRIED AND FAILED OR WHY THEY REASONABLY APPEAR TO BE
UNLIKELY TO SUCCEED IF TRIED OR TO BE TOO DANGEROUS;
(4) A STATEMENT OF THE PERIOD OF TIME FOR
WHICH THE INTERCEPTION IS REQUIRED TO BE MAINTAINED. IF
THE NATURE 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 DESCRIPTION OF FACTS
ESTABLISHING PROBABLE CAUSE TO BELIEVE THAT ADDITIONAL
COMMUNICATIONS OF THE SAME TYPE WILL OCCUR THEREAFTER;
(5) A FULL AND COMPLETE STATEMENT OF THE
FACTS CONCERNING ALL PREVIOUS APPLICATIONS KNOWN TO THE
INDIVIDUAL AUTHORIZING AND MAKING THE APPLICATION, MADE
TO ANY JUDGE FOR AUTHORIZATION TO INTERCEPT WIRE OR ORAL
COMMUNICATIONS INVOLVING ANY OF THE SAME PERSONS,
FACILITIES OR PLACES SPECIFIED IN THE APPLICATION, AND
THE ACTION TAKEN BY THE JUDGE ON EACH APPLICATION; AND
(6) WHERE THE APPLICATION IS FOR THE
EXTENSION OF AN ORDER, A STATEMENT SETTING FORTH THE
RESULTS THUS FAR OBTAINED FROM THE INTERCEPTION, OR A
REASONABLE EXPLANATION OF THE FAILURE TO OBTAIN THE
RESULTS.
(B) THE JUDGE MAY REQUIRE THE APPLICANT TO FURNISH
ADDITIONAL TESTIMONY OR DOCUMENTARY EVIDENCE IN SUPPORT
OF THE APPLICATION.
(C) UPON THE APPLICATION THE JUDGE MAY ENTER AN EX
PARTE ORDER, AS REQUESTED OR AS CODIFIED, AUTHORIZING
INTERCEPTION OF WISE OR ORAL COMMUNICATIONS WITHIN THE
TERRITORIAL JURISDICTION OF THE COURT IN WHICH THE JUDGE
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