Section 51.3. Persons required to be certified

(a) A Commonwealth investigative or law enforcement officer who takes custody of intercepting devices from a District Attorney or the Attorney General or the designee of one of these officials to perform an interception, who conducts an interception, or who monitors an interception shall first be certified according to this chapter.

(b) An investigative or law enforcement officer who is a District Attorney or the District Attorney’s designee or the Attorney General or the Attorney General’s designee who approves a consensual interception need not be certified. Other law enforcement or investigative officers who are involved in the investigation in connection with which a conversation is intercepted, who perform assisting or ministerial functions in connection with the interception, whose only role in the interception is that of the consenting party, or who hear the interception but are not performing a formal monitoring function, need not be certified.

(c) An investigative or law enforcement officer of the United States who has been designated a Commonwealth investigative or law enforcement officer by the Attorney General or a District Attorney, and who has successfully completed a course of training in wiretapping and electronic surveillance sponsored by an agency of the United States which is determined by the Attorney General and the Commissioner to be the substantial equivalent of a course of training established by this chapter is deemed certified under this chapter, and therefore, eligible to monitor interceptions under the act. Before undertaking the duties and responsibilities of a monitor under this subsection, the investigative or law enforcement officer shall provide documentation from the agency by which the officer is employed establishing successful completion of the equivalent course to the attorney approving or supervising the interception or, for interceptions authorized under section 5713.1 of the act (relating to emergency hostage and barricade situations), to the supervising law enforcement officer authorizing the inteception.

The provisions of this § 51.3 adopted June 22, 1979, effective June 23, 1979, 9 Pa.B. 1942; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3692. Immediately preceding text appears at serial page (43306).