Section 65.72. Verbal Authorization Contingent Upon Written Application

Based on these findings, the Court may verbally authorize interception, pursuant to § 5713, conditioned upon the filing within forty-eight (48) hours of a written application for an interception order. Such written application and affidavit should be in the form previously described and should, along with the written order, include the following:

A. A recitation of the date, time, place and circumstances of the verbal authorization.

B. The written authorization conferred by the Court is retroactive to the time of the verbal authorization.

C. The authorized interception shall terminate immediately when the communication sought is obtained. Section 5713 of the Act provides that if the subsequent written application is not made, any interception conducted pursuant to verbal authorization will be illegal.

D. Pursuant to 18 Pa.C.S. § 5773, if exigent circumstances exist, the Court may verbally authorize the installation and use of a pen register, trap and trace device, telecommunications identification interception device, or permit mobile communication tracking. However, a written order authorizing the disclosure must be entered within 72 hours of the oral authorization.

The provisions of this § 65.72 adopted June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906.