Section 65.70. Verbal Authorization in General

Section 5713 of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5713, provides that, in certain emergency situations, verbal authorization to intercept wire, electronic, or oral communications may be given by the Court. Similarly, 18 Pa.C.S. § 5773, governing orders for pen registers, mobile communication tracking devices, trap and trace devices, and telecommunication identification interception devices allows verbal authorization under exigent circumstances. Application for such authorization should be made in camera, under oath and on the record. When, due to time limitations, an application cannot be made in person, the application may be made by telephone. Moreover, whenever the application proceedings cannot be recorded stenographically, by a court reporter provided by the applicant, the applicant should, with the permission of all speaking parties, tape record the proceedings.

Comment

The requirement for an under oath and on the record in camera proceeding, as well as the recording of the matter is not covered by statute.

The provisions of this § 65.70 adopted June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906.